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Construction Industry Force Account Council Inc. v. Ross Valley Sanitary District
Sanitary District need not comply with Public Contract Code's competitive bidding process to complete 'pipebusting' work using in-house employees.
Contracts Feb. 22, 2016
Unilab Corp. v. Angeles-IPA
Clinical laboratory unsuccessful in overturning summary adjudication in independent physician association's favor where laboratory provides testing services to association's patients after termination of contract.
Contracts Feb. 3, 2016
JMR Construction Corp. v. Environmental Assessment and Remediation Management Inc.
General contractor prevails against subcontractor and surety in contractual claims due to delays in public works project.
Contracts Feb. 1, 2016
USS-Posco Industries v. Case
Attorney fee award overturned where trial court failed to apply fee-shifting law as amended, in contravention of California Supreme Court precedent.
Contracts Jan. 28, 2016
Lewis v. YouTube LLC
User's breach of contract claim against YouTube properly disposed where user failed to establish entitlement to either damages or specific performance.
Contracts Jan. 27, 2016
Bozzio v. EMI Group Ltd.
Court errs in dismissing artist's action against recording companies based on her status as third-party beneficiary to suspended corporation.
Contracts Jan. 27, 2016
Speirs et al. v. Bluefire Ethanol Fuels Inc. et al.
Anti-dilution provision applies to transaction, but substantial evidence does not support reducing investors' exercise price to $0.
Contracts Jan. 13, 2016
JMR Construction Corp. v. Environmental Assessment and Remediation Management Inc.
General contractor prevails against subcontractor and surety in contractual claims due to delays in public works project.
Contracts Jan. 4, 2016
United Riggers & Erectors Inc. v. Coast Iron & Steel Co.
Contractor may only withhold retention payments where there is good faith dispute regarding subcontractor's entitlement to such payments.
Contracts Dec. 22, 2015
Jenks v. DLA Piper Rudnick Gray Cary US LLP
Law firm, as successor by merger, has standing to enforce arbitration agreement entered into between resigning associate attorney and prior employer.
Contracts Dec. 17, 2015
Hot Rods v. Northrop Grumman Systems Corp.
The general rule that indemnity applies to third party claims does not apply where the parties to a contract use the term to include both direct and third party liability.
Contracts Dec. 9, 2015
Ramos v. Westlake Services
Motion to compel arbitration is correctly denied where plaintiff reasonably relies on Spanish translation of English contract that does not include arbitration agreement.
Contracts Nov. 27, 2015
Brinkley v. Monterey Financial Services
Unconscionable fee and cost provision can be severed from parties' arbitration agreement; reversal required to allow arbitrator to decide arbitrability of class claims.
Contracts Nov. 20, 2015
SingerLewak LLP v. Gantman
Judicial scrutiny of arbitrator's award is improper even if reasoning behind arbitrator's decision was erroneous.
Contracts Oct. 26, 2015
Swoger v. Rare Coin Wholesalers
Rare coin expert cannot recover on claims that depended on accuracy of his assertion because subject coin was not as he theorized.
Contracts Oct. 9, 2015
Vita Planning & Landscape v. HKS Architects
The protections provided to California subcontractors under Code of Civil Procedure Section 410.42, are enforceable against architects and design firms in their capacities as contractors on projects in California.
Contracts Sep. 29, 2015
Judicial Council of California v. Jacobs Facilities Inc.
Verdict in favor of contractor overturned where contractor indisputably failed to comply with licensing requirements, but contractor may nevertheless avoid forfeiture if substantial compliance is demonstrated.
Contracts Sep. 16, 2015
James L. Harris Painting & Decorating Inc. v. West Bay Builders Inc.
Party not entitled to attorney fees under fee-shifting provisions of prompt payment statutes fee where neither side was 'prevailing party' in whole litigation.
Contracts Sep. 4, 2015
James L. Harris Painting & Decorating Inc. v. West Bay Builders Inc.
Party not entitled to attorney fees under fee-shifting provisions of prompt payment statutes fee where neither side was 'prevailing party' in whole litigation.
Contracts Aug. 31, 2015
Dept. of Forestry and Fire Prot. v. Lawrence Livermore
Mutual aid firefighting agreements do not allow Cal Fire to recover fire suppression costs in rendering aid to jurisdiction that may have negligently caused fire.
Contracts Aug. 27, 2015
Tribeca Co. v. First American Title Ins.
Investment firm fails to prove entitlement to damages based on escrow company's release of funds to third-party investor rather than to firm.
Contracts Aug. 27, 2015
Judicial Council of California v. Jacobs Facilities Inc.
Verdict in favor of contractor overturned where contractor indisputably failed to comply with licensing requirements, but contractor may nevertheless avoid forfeiture if substantial compliance is demonstrated.
Contracts Aug. 24, 2015
Universal Protection Service LP v. Superior Court (Parnow)
Reference to American Arbitration Association's National Rules for the Resolution of Employment Disputes reflect parties' intent to submit threshold issue of class arbitrability to arbitrator.
Contracts Aug. 19, 2015
First American Title Insurance Co. v. Spanish Inn Inc.
Title insurer obtains summary judgment in its favor in lawsuit seeking indemnity against borrower in mechanic's lien foreclosure actions.
Contracts Aug. 17, 2015
Johnson v. Federal Home Loan Mortgage Corp.
Homeowner's contractual claims against Freddie Mac fail where Freddie Mac never agreed to assume servicing obligations after purchasing homeowner's loan.
Contracts Jul. 14, 2015
DKN Holdings LLC v. Faerber
Landlord may sue remaining parties who were jointly and severally liable on contract obligation in separate action even if landlord had already obtained judgment against an obligor.
Contracts Jul. 13, 2015
Epic Communications Inc. v. Richwave Technology Inc.
Third party is not entitled to protection of broad release contained in settlement agreement between two contracting parties where contract was ambiguous as to effect of release clause.
Contracts Jun. 23, 2015
Wong v. Stoler
In real estate sale, court should have granted rescission due to clear misrepresentation by seller, despite the impracticability of unwinding the transaction.
Contracts Jun. 23, 2015
DisputeSuite.com, LLC, v. Scoreinc.com
Dismissal of case based on contractual forum-selection clause is not a 'final resolution' that renders defendants 'prevailing party' for purposes of contractual attorney fees award.
Contracts May 15, 2015
Granadino v. Wells Fargo
Bank's statement that no foreclose sale was scheduled was not a promise but a statement of fact; does not give rise to promissory estoppel claim when sale was later scheduled and executed.
Contracts Apr. 29, 2015