Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B265641
|
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 | |
B262504
|
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 | |
13-56624
|
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 | |
14-55768
|
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 | |
B262310
|
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 | |
B262310
|
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 | |
13-56091
|
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 | |
B260103
|
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 | |
A139069
|
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 | |
B255136
|
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 | |
H039055
|
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 | |
A140457
|
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 | |
H041127
|
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 | |
13-15685
|
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 | |
G048698
|
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 | |
H039055
|
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 | |
B258860
|
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 | |
A143990
|
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 | |
G049953
|
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 | |
A141353
|
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 | |
D066059
|
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 | |
B259722
|
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 | |
13-56501
|
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 | |
A141010
|
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 | |
A140890
|
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 | |
C072169
|
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 | |
C072169
|
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 | |
C074655
|
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 | |
A142430
|
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 | |
A140890
|
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 |