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Colaco v. Cavotec SA
Where covenants are to be performed at different times, they are generally regarded as independent; one party's failure to perform does not excuse other from performing; rather, party generally must perform and seek damages. 		Contracts 4DCA/3 Aug. 13, 2018
Lafferty v. Wells Fargo Bank, N.A.
Regulation limiting recovery by consumer to amount paid under installment contract does not prevent court from awarding costs and prejudgment interest where statutes provide that such awards be allowed 'in any action.' 		Contracts 3DCA Jul. 23, 2018
Modification: Strategic Concepts, LLC v. Beverly Hills Unified School Dist.
A trial court erred by instructing a jury that Government Code Section 1090 does not apply to independent contractors. 		Contracts 2DCA/6 Jun. 7, 2018
Nist v. Hall
Good faith purchaser defense protects buyer of storage unit contents at lien sale, though rental agreement may not have complied with statutory standards. 		Contracts 2DCA/6 Jun. 6, 2018
Bushansky v. Soon-Shiong
Forum selection clause properly triggered by postfiling consent to forum where postfiling activity may trigger clause. 		Contracts 4DCA/1 May 31, 2018
Modification: Nielsen Contracting Inc. v. Applied Underwriters Inc.
Arbitration and delegation provisions are unenforceable where they were made in violation of regulatory statute and no exception justifying violation applies. 		Contracts 4DCA/1 May 24, 2018
Strategic Concepts, LLC v. Beverly Hills Unified School Dist.
A trial court erred by instructing a jury that Government Code Section 1090 does not apply to independent contractors. 		Contracts 2DCA/6 May 14, 2018
Nielsen Contracting Inc. v. Applied Underwriters Inc.
Arbitration and delegation provisions are unenforceable where they were made in violation of regulatory statute and no exception justifying violation applies. 		Contracts 4DCA/1 May 4, 2018
Petrolink, Inc. v. Lantel Enterprises
Judgment denying request to subtract value of rents paid to lessor after lessee validly exercises purchase option from property's purchase price reversed where rent obligation terminates upon exercise of option. 		Contracts 4DCA/1 Mar. 19, 2018
Doyle v. Fireman's Fund Insurance Co.
Where rare wine collector was defrauded out of $18 million worth of wines, insurance claim denial not improper where policy coverage was for property damage, not financial loss. 		Contracts 4DCA/3 Mar. 8, 2018
CNH Industrial N.V. v. Reese
Ordinary principles of contract law govern collective bargaining agreements. 		Contracts 6DCA Feb. 21, 2018
Modification: Guan v. Hu
Not error for trial court to grant relief based on breach of contract claim it had previously dismissed without leave, where claim re-pled as request for rescission. 		Contracts 2DCA/1 Feb. 8, 2018
Guan v. Hu
Not error for trial court to grant relief based on breach of contract claim it had previously dismissed without leave, where claim re-pled as request for rescission. 		Contracts 2DCA/1 Jan. 17, 2018
Kanno v. Marwit Capital Partners II
Breach of oral contract claim not barred by parol evidence rule where written agreements are not completely integrated and are not inconsistent with or contrary to oral agreement. 		Contracts 4DCA/3 Dec. 28, 2017
SP Investment Fund I LLC v. Cattell
Failure to properly transfer a limited partnership interest under the Corporations Code does not negate the entire agreement if other benefits besides transfer are contemplated. 		Contracts 2DCA/4 Dec. 26, 2017
R.W.L. Enterprises v. Oldcastle Inc.
For one agreement's terms to be incorporated into another under Civil Code Section 1642, the reference must be clear and unequivocal. 		Contracts 4DCA/1 Dec. 1, 2017
Vitatech International, Inc. v. Sporn et al.
A stipulated judgement for more than four times a settlement amount is an unenforceable penalty under 'Greentree' because it bears no reasonable relationship to the range of damages the parties could have anticipated would result if defendant failed to timely pay. 		Contracts 4DCA/3 Oct. 31, 2017
Medina v. South Coast Car Co. Inc.
In dispute over used car sale, defendants unsuccessful in challenging award of attorney fees to plaintiff following settlement agreement allowing such an award. 		Contracts 4DCA/1 Sep. 26, 2017
Vallejo Police Officers Assoc. v. City of Vallejo
Police union unsuccessful in obtaining relief in benefits dispute with city, where its members have no vested rights in asserted benefits under labor contract. 		Contracts 1DCA/2 Sep. 25, 2017
BRE DDR BR Whittwood CA v. Farmers & Merchants Bank of Long Beach
Assignee is not liable for obligations of real property lease where record shows that assignee did not expressly assume obligations of lease. 		Contracts 2DCA/1 Aug. 31, 2017
Ponte v. County of Calaveras
Promissory estoppel theory may only succeed in contract action against public entity in special instance where ‘justice clearly requires.’ 		Contracts 3DCA Aug. 17, 2017
Mountain Air Enterprises LLC v. Sundowner Towers LLC
Assertion of affirmative defense does not equate to ‘action’ for purposes of recovering attorney fees; but prevailing party nevertheless entitled to fees where assertion implicated agreement’s attorney fees provision. 		Contracts CASC Aug. 1, 2017
Phoenix Mechanical Pipeline v. Space Exploration
Where complaint alleges failure to pay re: arguably non-contracting services, demurrer sustained improperly against unlicensed contractor that provided such services. 		Contracts Jun. 13, 2017
Guan v. Hu
In case stemming from failed romantic relationship, court's misapplication of Civil Code Section 1692 to award damages on equitable grounds results in reversal. 		Contracts Jun. 5, 2017
Krechuniak v. Noorzoy
Brother fails to overturn trial court's order granting Sister's motion to enforce settlement agreement, where issue raised on appeal was subject to forfeiture. 		Contracts May 16, 2017
G&W Warren’s Inc. v. Dabney
In dispute over sale of motorcycle dealership, buyer successful in reducing judgment in seller's favor, where court errs in finding buyer liable under guaranty for assignee's obligations. 		Contracts May 8, 2017
Hickcox-Huffman v. US Airways Inc.
The Airline Deregulation Act does not preempt state law claims arising out of delayed baggage. 		Contracts May 4, 2017
DisputeSuite.com LLC v. ScoreInc.com
Defendant not entitled to attorney fees for obtaining dismissal of contract action in California based on forum selection clause specifying Florida jurisdiction. 		Contracts Apr. 7, 2017
Wind Dancer Production Group v. Walt Disney Pictures
Disney's summary judgment win overturned; must face contractual dispute over profit sharing agreement over hit TV show 'Home Improvement.' 		Contracts Mar. 28, 2017
Jacobs v. Locatelli
Trial court erred in sustaining demurrer as plaintiff alleged ability to produce evidence of 'written agency agreement' between defendant parties in response to statute of frauds defense. 		Contracts Mar. 2, 2017
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