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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 LLC v.
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
G.W. Palmer & Co. Inc. v. Agricap Financial Corp.
'Boulder Fruit' controls suit involving alleged breach of the Perishable Agricultural Commodities Act, shielding third party from liability for distributor's failure to pay growers.
Contracts Feb. 28, 2017
Golden Day Schools Inc. v. Office of Administrative Hearings (California Dept. of Education)
Annual property rent increases constitute 'transactions' under contract referencing Corporations Code Section 5233 establishing conflict of interest guidelines for use of government funds.
Contracts Feb. 23, 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 Feb. 10, 2017
Rincon EV Realty LLC v. CP III Rincon Towers, Inc.
California interest in protecting right to civil trial by jury trumps contractual waiver of right in loan agreement containing New York choice-of-law provision.
Contracts Feb. 2, 2017
Pure Wafer Inc. v. City of Prescott
Permanent injunction improperly granted in favor of company on its Contract Clause claims where city's enactment of ordinance did not impair city's contractual obligations.
Contracts Jan. 10, 2017
Thompson v. Asimos
Assumption that lawsuit would have garnered full claim without defendant's breach of contract improper in award of damages to former business partner of defendant.
Contracts Dec. 18, 2016
Ryan v. Crown Castle NG Networks Inc.
Motion for new trial improperly denied where trial court found it lacked power to make independent assessment and where jury verdict was 'unmistakably unsound.'
Contracts Dec. 13, 2016
Westside Estate Agency v. Randall
Broker's claim he was entitled commission on real estate deal properly dismissed under statute of frauds where agreement was not reduced to writing.
Contracts Dec. 1, 2016
Alki Partners v. DB Fund Services
Failure to calculate net asset values for hedge fund not breach of contract, as portfolio manager witheld information of confidential settlement necessary to calculate values.
Contracts Oct. 24, 2016
Hjelm v. Prometheus Real Estate Group Inc.
Residents properly awarded attorney fees pursuant to Civil Code Section 1717 where attorney fees provisions in lease agreement were all one-sided, favoring only landlord.
Contracts Oct. 6, 2016
USPS v. Bellevue Post Office LLC
Purchase option remains valid despite minor errors in service of earlier renewal options as lease only established that notices be 'given in writing.'
Contracts Sep. 11, 2016
Vishva Dev M.D. Inc. v. Blue Shield of California Life & Health Insurance Co.
Doctor's quantum meruit claims time-barred where insurers issued letters unequivocally denying doctor's bills more than two years prior to filing of lawsuit.
Contracts Sep. 1, 2016
Schellinger Brothers v. Cotter
Monetary judgment in favor of property developers affirmed where seller wrecks project by building trench on property in wetlands area.
Contracts Aug. 29, 2016
California American Water Co. v. Marina Coast Water District
Monterey County Water Resources Agency's attempt to judicially void agreement due to financial conflict of interest not limited by 60-day statute of limitations due to public agency status.
Contracts Aug. 21, 2016
Coles v. Glaser
Co-obligors liable to creditor for breach of settlement agreement after creditor forced to surrender most of proceeds to bankruptcy trustee as a preferential payment.
Contracts Aug. 15, 2016
Watson Bowman Acme Corp. v. RGW Construction Inc.
Subcontractor entitled to prejudgment interest where amount of damages awarded in its favor were sufficiently certain for purposes of Civil Code Section 3287(a).
Contracts Aug. 11, 2016
Morlin Asset Management LP v. Murachanian
Tenant not required to indemnify landlord following injuries sustained by carpet cleaner hired by tenant because injury falls outside scope of indemnity clause contained in lease.
Contracts Aug. 10, 2016
Martin v. Yasuda
Where defendant litigates for 17 months before compelling arbitration, court correctly deems right to compel waived.
Contracts Jul. 22, 2016
Flintco Pacific Inc. v. TEC Management Consultants Inc.
Promissory estoppel claim fails where general contractor's reliance on subcontractor's bid price alone, while ignoring material terms and conditions in subcontractor's bid, is unreasonable.
Contracts Jul. 20, 2016
Magno et al v. The College Network Inc
Hastily-signed contract with arbitration clause requiring California signatories to participate in proceedings in Indiana ruled unconscionable.
Contracts Jul. 11, 2016
Panoche Energy Center v. Pacific Gas & Electric Company
Interpretation of change in law clause 'ripe' for resolution in dispute over cap and trade regulations despite ongoing regulatory interpretation of legislation.
Contracts Jul. 6, 2016
Scott v. Yoho
California Code of Civil Procedure requirement for 30-day rescission period for medical arbitration contracts preempted by Federal Arbitration Act.
Contracts Jun. 30, 2016