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Name Category Published
Northstar Financial Advisors v. Schwab Investments
Statements by mutual fund company as to fund objectives enough to substantiate agreement that may lead to breach of contract claims. 		Contracts Apr. 28, 2015
Agam v. Gavra
Trial court properly awards reliance damages to jilted partner caused by other partner’s conduct that hampered partnership’s goal. 		Contracts Apr. 23, 2015
Rideau v. Stewart Title of California
Indemnity clause specifying award of attorney fees is not reciprocal and is not triggered by buyer’s breach of contract claim against escrow company. 		Contracts Apr. 15, 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 Apr. 14, 2015
Golden v. Cal. Emergency Physicians
California Business and Professions Code Section 16600 applies to restraints on professional practice, and not just to non-compete covenants. 		Contracts Apr. 8, 2015
Ong v. Fire Insurance Exchange
‘Malice,’ as used in insurance policy exclusion, should bear its plain, layperson definition in court, rather than a ‘malice in law’ definition. 		Contracts Apr. 5, 2015
CADC/RAD Venture 2011-1 LLC v. Bradley
Lender may pursue deficiency judgment against guarantors who failed to demonstrate that guaranty was a sham. 		Contracts Apr. 2, 2015
Cline v. Homuth
Plaintiff’s evidence insufficient to demonstrate parties intended to exclude grandmother from liability under release entered into after collision caused by grandson. 		Contracts Mar. 30, 2015
I-CA Enterprises Inc. v. Palram Americas Inc.
Joint and several liability is inappropriate where company’s damages, stemming from interference of two separate contracts, are not indivisible. 		Contracts Mar. 17, 2015
Northstar Financial Advisors v. Schwab Investments
Statements by mutual fund company as to fund objectives enough to substantiate agreement that may lead to breach of contract claims. 		Contracts Mar. 9, 2015
Bank of Manhattan v. FDIC
FIRREA does not immunize the FDIC against claims for breach of pre-receivership contracts. 		Contracts Mar. 4, 2015
Trabert v. Consumer Portfolio Services
Unconscionable arbitration provision creating exception to the binding and final nature of arbitration award is severable from the arbitration agreement. 		Contracts Mar. 3, 2015
Sanowicz v. Bacal
Real estate agent may proceed with lawsuit against fellow agent for reneging on commission-sharing deal. 		Contracts Mar. 1, 2015
Hemphill v. Wright Family, LLC
Broadly-worded attorney fees provision renders lower court’s denial of recovery motion an error. 		Contracts Feb. 25, 2015
Kansas v. Nebraska et al.
‘Recklessly gambling’ with Kansas’ rights under 1943 Republican River Compact merits partial disgorgement for Nebraska. 		Contracts Feb. 24, 2015
Belasco v. Wells
Waiver of future claims as part of cash settlement is 'reasonable release' under Right to Repair Act, and bars subsequent claim over latent construction defects. 		Contracts Feb. 18, 2015
Ashburn v. AIG Financial Advisors
Trial court abused discretion by not holding evidentiary hearing before compelling arbitration where opponents alleged fraud and breach of fiduciary duty. 		Contracts Feb. 10, 2015
Cobb v. Ironwood Country Club
Club cannot force members into arbitration based on bylaw that became effective after members filed lawsuit. 		Contracts Jan. 30, 2015
Mays-Williams v. Williams
Changing retirement plan beneficiary over phone may have substantially complied with plan’s ‘governing documents.’ 		Contracts Jan. 29, 2015
Ferguson v. Yaspan
Taken in context, buyout provision of contract is fair, though it tended to favor one party. 		Contracts Jan. 27, 2015
Deputy Sheriffs’ Association of San Diego County v. County of San Diego
California Public Employees’ Pension Reform Act of 2013 partially violates state constitution’s prohibition against impairment of contracts. 		Contracts Jan. 23, 2015
State Ready Mix Inc. v. Moffatt & Nichol
Concrete supplier sued by contractor barred by economic loss rule from seeking equitable indemnity from third-party civil engineer. 		Contracts Jan. 9, 2015
J.B.B. Investment Partners Ltd. v. Fair
Businessman’s automatically generated e-mail signature is ineffective to enforce settlement agreement because it does not constitute ‘electronic signature.’ 		Contracts Jan. 2, 2015
Pittsburg Unified School District v. S.J. Amoroso Construction Co. Inc.
School District may withdraw retained funds held in escrow for construction project following contractor’s default. 		Contracts Dec. 24, 2014
Mesa Shopping Center-East LLC v. Hill
Plaintiff may not voluntarily dismiss state action against defendant after arbitral claims had been submitted and decided in favor of defendant. 		Contracts Dec. 24, 2014
Lennar Homes of California Inc. v. Stephens
Homebuyers dodge seller’s lawsuit that was based on homebuyers’ protected right of filing class action, and concerning unenforceable indemnity agreement. 		Contracts Dec. 19, 2014
Hyundai Amco America Inc. v. S3H Inc.
Subcontractor may compel arbitration of dispute with general contractor without first making demand because general contractor’s lawsuit clearly showed refusal to arbitrate. 		Contracts Dec. 18, 2014
U.S. Bank National Association v. Yashouafar
Guarantor may not have to pay more than $14 million in prepayment fee where dispute remain regarding date guarantor’s obligation accrued. 		Contracts Dec. 18, 2014
City and County of San Francisco v. Cobra Solutions Inc.
Party waives exclusion of allegedly tainted evidence because delay in filing motion to exclude was unreasonably lengthy. 		Contracts Dec. 17, 2014
Pacific Corporate Group Holdings LLC v. Keck
Employment agreement is enforceable where parties’ conduct clearly showed intent to be bound by it although employee failed to provide signed copy to employer. 		Contracts Dec. 15, 2014
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