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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 Jan. 2, 2015
Pittsburg Unified School District v. S.J. Amoroso Construction Co. Inc.
School District may withdraw retained funds held in escrow for construction project following contractor’s default.
Contracts Dec. 24, 2014
Mesa Shopping Center-East LLC v. Hill
Plaintiff may not voluntarily dismiss state action against defendant after arbitral claims had been submitted and decided in favor of defendant.
Contracts Dec. 24, 2014
Lennar Homes of California Inc. v. Stephens
Homebuyers dodge seller’s lawsuit that was based on homebuyers’ protected right of filing class action, and concerning unenforceable indemnity agreement.
Contracts Dec. 19, 2014
Hyundai Amco America Inc. v. S3H Inc.
Subcontractor may compel arbitration of dispute with general contractor without first making demand because general contractor’s lawsuit clearly showed refusal to arbitrate.
Contracts Dec. 18, 2014
U.S. Bank National Association v. Yashouafar
Guarantor may not have to pay more than $14 million in prepayment fee where dispute remain regarding date guarantor’s obligation accrued.
Contracts Dec. 18, 2014
City and County of San Francisco v. Cobra Solutions Inc.
Party waives exclusion of allegedly tainted evidence because delay in filing motion to exclude was unreasonably lengthy.
Contracts Dec. 17, 2014
Pacific Corporate Group Holdings LLC v. Keck
Employment agreement is enforceable where parties’ conduct clearly showed intent to be bound by it although employee failed to provide signed copy to employer.
Contracts Dec. 15, 2014
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