This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Exxess Electronixx v. Heger Realty Corp.
Real estate broker isn't entitled to attorney fees in action regarding commercial lease that was dismissed.
Contracts Apr. 13, 1999
Battuello v. Battuello
Equitable estoppel bars statute of limitations defense in action for breach of contract to make will.
Contracts Apr. 13, 1999
All West Electronics Inc. v. M-B-W Inc.
Lack of privity bars contractor's implied warranty claim against manufacturer of leased equipment.
Contracts Apr. 13, 1999
Webb v. El Dorado Colleges Inc.
Alleged fraud which could provide basis for rescission of contract doesn't preclude enforcement of arbitration clause.
Contracts Apr. 13, 1999
Morey v. Vannucci
Need to resolve conflicts in extrinsic evidence renders interpretation of contract term a jury question.
Contracts Apr. 13, 1999
Knott v. McDonald's Corp.
Franchise sale agreement divests former franchisee of right to sue franchisor for breach of contract.
Contracts Apr. 12, 1999
Gamble Simmons & Company v. Kerr-McGee Corporation
Where a contract is unambiguous, extrinsic evidence is inadmissible if it will alter its reasonable interpretation.
Contracts Apr. 12, 1999
Oliver v. Bradshaw
Attorney fees aren't statutorily barred when provision is included in agreement underlying action.
Contracts Apr. 2, 1999
Deberard Properties, Limited v. Lim
Borrower cant waive anti-deficiency laws in forbearance agreement postdating original note and deed of trust.
Contracts Apr. 2, 1999
FSPP v. City of Los Angeles
No contract liability or estoppel against city absent compliance with charter provisions concerning contract formation.
Contracts Apr. 2, 1999
FSPP v. City of Los Angeles
No contract liability or estoppel against city absent compliance with charter provisions concerning contract formation.
Contracts Apr. 2, 1999
Damian v. Tamondong
Defendant in voluntarily dismissed deficiency action under Rees-Levering Act may be entitled to attorney fees.
Contracts Apr. 1, 1999
Miracle Auto Center v. The Superior Court of San Mateo County (Pacific Specialty Insurance Company)
In commercial general liability insurance policies, 'standard time' is the time presently in use in the state.
Contracts Apr. 1, 1999
Schwab Sales Inc. v. GN Construction Co. Inc.
A trial de novo may be held on appeal from arbitration arising out of contract, and attorney fees for arbitration proceeding may be awarded.
Contracts Mar. 29, 1999
Rocky Mountain Microsystems Inc. v. Public Safety Systems
Order
Contracts Mar. 26, 1999
Sun Microsystems Inc. v. Microsoft Corp.
Distribution of non-complying software pursuant to a contract may be enjoined for trademark infringement.
Contracts Mar. 26, 1999
Damian v. Tamondong
Defendant in voluntarily dismissed deficiency action under Rees-Levering Actmay be entitled to attorney fees.
Contracts Mar. 24, 1999
Maglica v. Maglica
Measure of quantum meruit is value of services rendered, not amount of benefit conferred.
Contracts Mar. 22, 1999
Marks-Foreman v. Reporter Publishing Co.
Settlement agreement isn't enforceable because parties never agreed to terms.
Contracts Mar. 19, 1999
O.P.C. Farms Inc. v. Conopco Inc.
Order appointing arbitrator after parties were unable to select one isn't appealable.
Contracts Mar. 18, 1999
Maglica v. Maglica
Measure of quantum meruit is value of services rendered, not amount of benefit conferred.
Contracts Mar. 17, 1999
Badie v. Bank of America
Bank can't unilaterally impose binding arbitration clause on credit card customers who haven't consented to it.
Contracts Mar. 11, 1999
Walsh v. West Valley Mission Community College District
Defendant doesn't lose right to present evidence in its defense by dismissing counterclaim in settlement agreement.
Contracts Mar. 11, 1999
Major Clients Agency v. Diemer
Suit for indemnity alleged for professional negligence against attorney fails under equitable indemnity exception.
Contracts Mar. 8, 1999
Edwards v. Macfarlane
Order
Contracts Mar. 5, 1999
Turner v. Superior Court (Kaiser Foundation Health Plan Inc.)
Party must demonstrate economic hardship on the record before cost shifting request will be considered.
Contracts Mar. 2, 1999
R.J. Land and Associates Construction Co. v. Kiewit-Shea
When prime contractor lists two subcontractors for same work, substituted subcontractor can sue.
Contracts Feb. 26, 1999
Winograd v. American Broadcasting Co.
Trial court's interpretation of an agreement stands even when multiple inferences can be drawn.
Contracts Feb. 26, 1999
Oliver v. Bradshaw
Attorney's fees aren't statutorily barred when provision is included in agreement separate from dismissed, underlying action.
Contracts Feb. 19, 1999
M & B Construction v. Yuba County Water Agency
Requiring contractors to have specific license class in order to bid on public contracts isn't an abuse of discretion.
Contracts Feb. 19, 1999