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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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