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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. 23, 2016
Harris v. TAP Worldwide LLC
Employer wins reversal of denial of motion to compel arbitration where arbitration agreement, attached as appendix to employer handbook, is enforceable and not illusory.
Contracts Jun. 23, 2016
Tillman v. Rheingold, Valet, Rheingold, Shkolnik and McCartney
Dismissal of legal malpractice case reversed where plaintiff should have been allowed to proceed in federal court after arbitrator terminated proceedings due to plaintiff's inability to pay.
Contracts Jun. 15, 2016
Caltex Plastics v. Lockheed Martin
Federal common law, with high bar for intended third-party beneficiary showing, governs in contract dispute involving defense manufacturer Lockheed.
Contracts Jun. 8, 2016
Blois Construction Inc. v. FCI/Fluor/Parsons
Subcontractor not entitled to late payment penalties under prompt payment statutes for past retention payments withheld by project owner.
Contracts Apr. 14, 2016
Blois Construction Inc. v. FCI/Fluor/Parsons
Subcontractor not entitled to late payment penalties under prompt payment statutes for past retention payments withheld by project owner.
Contracts Mar. 25, 2016
Casa del Caffe Vergnano S.p.A. v. ItalFlavors LLC
Order compelling arbitration reversed where document containing arbitration clause was a sham and thus no more enforceable than any other provision in the document.
Contracts Mar. 16, 2016
Gilkyson v. Disney Enterprises Inc.
Continuous accrual doctrine revives songwriter Terry Gilkyson's heirs' lawsuit against Disney over royalties in connection with 'The Jungle Book' songs.
Contracts Feb. 23, 2016
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