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Name Category Published
Opinion of Brown
Attached, multiple pages with sequential numbering qualify as 'single document' under Automobile Sales Finance Act. 		Contracts Jan. 5, 2010
Hernandez v. Lopez
Seller may not retain proceeds from sale of business that he did not own based on plaintiffs' failure to plead unjust enrichment. 		Contracts Dec. 30, 2009
Martin Brothers Construction Inc. v. Thompson Pacific Construction Inc.
General contractor who withholds subcontractor’s payment related to disputed additional work is not subject to mandatory penalties for violating ‘prompt payment’ statute. 		Contracts Dec. 16, 2009
County of Santa Clara v. Astra USA Inc.
Under Veterans Health Care Act, federally-funded clinics are intended third party beneficiaries of Pharmaceutical Pricing Agreements between pharmaceutical manufacturers and federal government. 		Contracts Dec. 11, 2009
Martin Brothers Construction Inc. v. Thompson Pacific Construction Inc.
General contractor who withholds subcontractor’s payment related to disputed additional work is not subject to mandatory penalties for violating ‘prompt payment’ statute. 		Contracts Dec. 7, 2009
Applied Medical Distribution Corp. v. The Surgical Co. BV
District court must enforce forum selection and choice of law contract provisions between American and Belgium parties. 		Contracts Nov. 17, 2009
Applied Medical Distribution Corp. v. The Surgical Co. BV
District court must enforce forum selection and choice of law contract provisions between American and Belgium parties. 		Contracts Nov. 3, 2009
Toal v. Tardif
Award resulting from arbitration agreement signed by attorney without consent or ratification is invalid and cannot be confirmed by court. 		Contracts Nov. 1, 2009
Laster v. AT&T Mobility LLC
Class action waiver is unconscionable where plaintiffs alleged that company maintained scheme to cheat them out of small sums via fraudulent advertising. 		Contracts Oct. 27, 2009
Jackson v. Rent-A-Center West Inc.
Trial court must determine whether arbitration agreement is enforceable where dispute arose out of federal statutory discrimination law. 		Contracts Sep. 11, 2009
Starlight Ridge South Homeowner's Association v. Hunter-Bloor
Homeowner association prevails where regulations governing property maintenance imposed conflicting duties on landowner and homeowner. 		Contracts Sep. 8, 2009
Pacific Northwest Generating Cooperative v. Bonneville Power Administration
Power company fails to comply with sound business principles where customer was given voluntary cash 'benefit' payments. 		Contracts Aug. 31, 2009
Parada v. Superior Court (Monex Deposit Co.)
Arbitration clause requiring panel of three arbitrators is substantively unconscionable where investment company knew of clients' limited income. 		Contracts Aug. 27, 2009
Coffman Specialties Inc. v. Dept. of Transportation
Arbitration system governing disputes over public works does not create financial bias in favor of California Dept. of Transportation. 		Contracts Aug. 20, 2009
DVD Copy Control Association Inc. v. Kaleidescape Inc.
DVD equipment manufacturer is required to adhere to mandatory technical specifications disclosed after license agreement was signed. 		Contracts Aug. 13, 2009
People v. Shetty
Home Equity Sales Contract Act violation subject to four year statute of limitations where offense was alternate misdemeanor felony charge involving fraud. 		Contracts Jun. 22, 2009
Fagelbaum & Heller LLP v. Smylie
Client waives right to nonbinding mandatory fee arbitration where cross-demand requested damages recoverable only upon finding of malpractice. 		Contracts Jun. 18, 2009
Gilbert Street Developers, LLC v. La Quinta Homes LLC
Arbitrators may not decide jurisdiction where arbitration agreement was executed prior to adoption of rule granting such authority. 		Contracts Jun. 15, 2009
Jazayeri v. Mao
Records of 'dead on arrival' chickens in poultry condemnation certificates improperly excluded as hearsay. 		Contracts May 28, 2009
El Centro Mall LLC v. Payless Shoesource Inc.
Tenant fails to show that liquidated damages clause was unenforceable where lessor estimated damages from loss of patronage. 		Contracts May 21, 2009
First National Insurance Co. v. Cam Painting Inc.
Loss may not be allocated to obligee's bond where obligee was principal on another one of surety's bonds. 		Contracts May 18, 2009
321 Henderson Receivables Origination LLC v. Sioteco
Anti-assignment provisions in settlement agreements do not bar transactions between factoring company and structured settlement payees. 		Contracts May 6, 2009
Goldman v. KPMG LLP
Equitable estoppel not applicable where contractual obligation to arbitrate is unrelated to claims against nonsignatory party. 		Contracts Apr. 23, 2009
Millenkamp v. Davisco Foods International Inc.
Court errs in instructing jury that violation of Idaho's milk permeate labeling laws amounted to breach of warranties. 		Contracts Apr. 15, 2009
Roman v. Superior Court (Flo-Kem Inc.)
Arbitration provision is not unconscionable where mutual obligation existed to arbitrate all claims arising out of applicant's employment. 		Contracts Apr. 14, 2009
Chalk v. T-Mobile USA Inc.
Dismissal of action improper where unseverable class action waiver deemed substantively unconscionable under Oregon law. 		Contracts Mar. 30, 2009
Schatz v. Allen Matkins Leck Gamble & Mallory
MFAA's right to trial de novo does not trump contractual obligation to arbitrate disputes pursuant to CAA. 		Contracts Mar. 13, 2009
Spinks v. Equity Residential Briarwood Apartments
Summary judgment improper where triable issue exists regarding third-party beneficiary status of apartment resident. 		Contracts Mar. 6, 2009
Roodenburg v. Pavestone Co.
Prejudgment interest provision in contract allows for recovery despite uncertainty in amount of damages. 		Contracts Feb. 19, 2009
Mundi v. Union Security Life Insurance Co.
Where signatory to agreement bought insurance to pay amounts under agreement, non-signatory insurer may not compel arbitration. 		Contracts Feb. 12, 2009
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