Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
E053187
|
California Bank & Trust v. Del Ponti
Guarantors may raise equitable defenses in defending suit by creditor where creditor willfully breached agreement even though guarantee agreement included waiver provision. |
Contracts |
|
Dec. 11, 2014 | |
A140232
|
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 |
|
Dec. 9, 2014 | |
A140232
|
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 |
|
Dec. 7, 2014 | |
A138306
|
Mountain Air Enterprises LLC v. Sundowner Towers LLC
Trial court improperly denies attorney fees provided under agreement by erroneously concluding that agreement did not encompass affirmative defense of novation. |
Contracts |
|
Nov. 23, 2014 | |
12-56120
|
Knutson v. Sirius XM Radio Inc.
Sirius XM cannot force car buyer to arbitrate claims because use of trial subscription did not manifest his assent to be bound by arbitration agreement. |
Contracts |
|
Nov. 10, 2014 | |
B254893
|
Maxwell v. Dolezal
Celebrity's breach of contract claim against business associate survives dismissal although he failed to state contract was written within that claim. |
Contracts |
|
Nov. 4, 2014 | |
D059983
|
Holguin v. Dish Network LLC
Contracts with AT&T Corp. and Dish Network for satellite television services include implied term requiring proper installation of equipment. |
Contracts |
|
Sep. 22, 2014 | |
B248432
|
Jade Fashion & Co. Inc. v. Harkham Industries Inc.
Debtor cannot apply discount to final installment payment because it failed to timely pay weekly installments as required under written agreement with creditor. |
Contracts |
|
Sep. 8, 2014 | |
B249825
|
Brown v. County of Los Angeles
Inmate, who committed murder at 16, may not later attack plea bargain based on civil contract law, under which minors may not enter into contracts. |
Contracts |
|
Sep. 1, 2014 | |
E054618
|
Golden State Boring & Pipe Jacking Inc. v. Eastern Municipal Water District
Subcontractor’s action against surety for nonpayment is untimely in light of three cessations of labor that triggered duty to file stop notice, or to file suit. |
Contracts |
|
Jul. 23, 2014 | |
B253290
|
Paramount Petroleum Corp. v. Superior Court (Building Materials Corp. of America)
Trial court incorrectly grants summary adjudication on issue of supplier’s liability for breach of contract where damages had not yet been determined. |
Contracts |
|
Jun. 23, 2014 | |
12-55156
|
Ramona Equipment Rental Inc. v. Carolina Casualty Insurance Co.
Rental equipment supplier’s notice of claim against government contractor is timely when made within 90 days of last delivery in series of deliveries. |
Contracts |
|
Jun. 22, 2014 | |
B243141
|
Sabia v. Orange County Metro Realty Inc.
Arbitration agreement between clients and mortgage foreclosure consultant is unenforceable because it was unilateral and only required clients to arbitrate their claims. |
Contracts |
|
Jun. 18, 2014 | |
A136675
|
Tiri v. Lucky Chances Inc.
Trial court may not rule on enforceability of arbitration agreement because parties’ delegation of authority to arbitrator was clear and not unconscionable. |
Contracts |
|
May 16, 2014 | |
12-56539
|
Technica LLC v. Carolina Casualty Insurance Co.
Subcontractor on federal construction project in California may sue prime government contractor for payments under Miller Act, although it lacked California license. |
Contracts |
|
Apr. 30, 2014 | |
12-16527
|
Block v. eBay Inc.
eBay’s automatic bidding process does not violate provisions of its user agreement, which described how its system works and the limits on its liability. |
Contracts |
|
Apr. 2, 2014 | |
D063435
|
Purcell v. Schweitzer
Borrower does not have to pay $60,000 penalty based on liquidated damages clause in promissory note, after making one late payment to lender. |
Contracts |
|
Mar. 18, 2014 | |
A137971
|
Bay Cities Paving & Grading Inc. v. City of San Leandro (Oliver DeSilva Inc.)
City of San Leandro properly awards public construction contract to lowest bidder, even though first page of bid proposal was missing. |
Contracts |
|
Feb. 14, 2014 | |
B246974
|
R&R Pipeline Inc. v. Bond Safeguard Insurance Co.
Company timely files claim against bond insurer involving development project on private land in Castaic, which was not a ‘public work' of improvement. |
Contracts |
|
Jan. 28, 2014 | |
H038303
|
Rutherford Holdings LLC v. Plaza Del Rey
Purchaser of mobilehome park gets another chance to recover $3 million deposit to seller after closing date passed without sale. |
Contracts |
|
Jan. 24, 2014 | |
G047737
|
Apex LLC v. Korusfood.com
Corporation wins attorney fees in dispute over delivery of cottonseed from web site, even though web site owners originally operated under different name. |
Contracts |
|
Jan. 9, 2014 | |
B236705
|
Powerhouse Motorsports Group Inc. v. Yamaha Motor Corp. U.S.A.
Yamaha Motor Corp. unreasonably withholds its consent to sale of motorcycle dealership and franchise to another dealer. |
Contracts |
|
Dec. 27, 2013 | |
11-35964
|
Smith v. JEM Group Inc.
Debt-relief company must face claims in federal court, rather than arbitration, even if consumer failed to initially attack arbitration clause in her complaint. |
Contracts |
|
Dec. 12, 2013 | |
C070255
|
Avidity Partners LLC v. State of California
Commercial lumber producer cannot force California to guarantee forestland harvest level when state never agreed to do so in historic Headwaters Agreement. |
Contracts |
|
Dec. 4, 2013 | |
B236705
|
Powerhouse Motorsports Group Inc. v. Yamaha Motor Corp. U.S.A.
Yamaha Motor Corp. unreasonably withholds its consent to sale of motorcycle dealership and franchise to another dealer. |
Contracts |
|
Nov. 26, 2013 | |
H036728
|
Moncada v. West Coast Quartz Corp.
Defunct company’s employees may pursue contract claim against former owners, who promised to pay them hefty bonuses if they stayed until sale of company. |
Contracts |
|
Nov. 24, 2013 | |
C067865
|
McGuire v. More-Gas Investments LLC
Real estate seller must pay $80,000 back to buyer due to failure to ensure neighbors would not be allowed to build around road leading up to property. |
Contracts |
|
Oct. 16, 2013 | |
A136695
|
Eden Township Healthcare District v. Eden Medical Center
Nonprofit corporation is entitled to attorney fees because it successfully enforced agreement with public healthcare agency regarding sale of hospital. |
Contracts |
|
Oct. 10, 2013 | |
B242540
|
HM DG Inc. v. Amini
Homeowner and remodeling company must arbitrate dispute over quality of work regardless of whether their agreement identified an arbitrator. |
Contracts |
|
Sep. 23, 2013 | |
G047198
|
Brown Bark III LP v. Haver
New company recovers some of its attorney fees after proving that it was not formed just to avoid debts of its founder's former company. |
Contracts |
|
Sep. 16, 2013 |