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Modification: Piedmont Capital Management, L.L.C. v. McElfish
Lender's breach action was timely as to missed monthly installment payments still within the limitations period and unpaid accelerated future payments because the borrower's duties under the agreement were divisible. 		Contracts 2DCA/2 Sep. 15, 2023
Piedmont Capital Management, L.L.C. v. McElfish
Lender's breach action was timely as to missed monthly installment payments still within the limitations period and unpaid accelerated future payments because the borrower's duties under the agreement were divisible. 		Contracts 2DCA/2 Aug. 25, 2023
Aton Center v. United Healthcare Insurance Co.
Substance abuse treatment center's implied contract claim against insurance companies failed because there was no outward manifestation from the insurer's representatives about the reimbursement rate. 		Contracts 4DCA/1 Jul. 31, 2023
Esplanade Productions v. The Walt Disney Co.
Screenwriter's claim that Disney stole the name Zootopia for its animated movie without compensation was dismissed because there was no evidence that Zootopia's creators ever saw plaintiff's submission materials. 		Contracts 2DCA/7 Jul. 21, 2023
Castelo v. Xceed Financial Credit Union
Separation agreement containing release of claims was not statutorily void where the employee knew of a potential claim at the time of signing and accepted the benefits of the agreement. 		Contracts 2DCA/7 May 19, 2023
West Pueblo Partners, LLC v. Stone Brewing Co., LLC
Stone Brewing could not withhold paying rent for new brewpub under lease's force majeure provision since COVID-19 restrictions did not delay, interrupt, or prevent timely payment. 		Contracts 1DCA/2 May 2, 2023
New York v. New Jersey
New Jersey could unilaterally withdraw from interstate compact that provided for continuing, indefinite performance but was silent on withdrawals. 		Contracts USSC Apr. 19, 2023
Juarez v. Ward
An equitable servitude prevented judgment creditor from obtaining rights to debtor's Oscar award statuette. 		Contracts 2DCA/2 Feb. 28, 2023
SVAP III Poway Crossings, LLC v. Fitness Internat., LLC
Fitness facility's failure closure based on COVID-19 government orders did not relieve it from the obligation to pay rent during the months closed. 		Contracts 4DCA/1 Jan. 24, 2023
Vought Construction Inc. v. Stock
Payor with good faith argument for withholding entire progress payment did not violate statute creating right to withhold up to 150 percent of a disputed amount from a progress payment. 		Contracts 1DCA/4 Oct. 26, 2022
Gormley v. Gonzalez
Liquidated damages provision in settlement agreement was enforceable where the agreement appeared to be the result of bargaining between parties of equal bargaining power. 		Contracts 3DCA Oct. 14, 2022
Honchariw v. FJM Private Mortgage Fund, LLC
Late-payment fee in loan constituted an unlawful penalty pursuant to Civil Code Section 1671 since the interest rate on the late payment was measured against the entire unpaid loan balance. 		Contracts 1DCA/3 Oct. 3, 2022
City of Oakland v. The Oakland Raiders
City of Oakland could not pursue breach action as a third-party beneficiary because allowing it to enforce the NFL's relocation policy was not consistent with the objectives of the policy. 		Contracts 2DCA/7 Sep. 16, 2022
Estate of Jones
Settlement agreement containing condition precedent regarding method of payment that never materialized was still enforceable because it contained an independent, enforceable promise to pay. 		Contracts 1DCA/3 Sep. 6, 2022
Creditors Adjustment Bureau v. Imani
A stipulated judgment, which lessee agreed to accept to settle breach of lease agreement, was the exact amount of damages suffered, not a penalty or liquidated damage provision. 		Contracts 2DCA/6 Aug. 10, 2022
Munoz v. Patel
Plaintiff's complaint alleged facts sufficient to state a viable cause of action for fraud in the execution against defendant. 		Contracts 4DCA/1 Aug. 1, 2022
M & L Financial v. Sotheby's
Sustaining a demurrer to breach of contract claim was error where plaintiff's oral clarification at signing was relevant to interpreting contract terms and supported plaintiff's breach of contract claim. 		Contracts 2DCA/8 Jul. 18, 2022
Roley v. Google
Google's communications did not constitute a unilateral offer for one terabyte of Google Drive storage because they neither informed users how they might conclude the bargain nor invited the performance of a specific act. 		Contracts 9th Jul. 15, 2022
Broome v. The Regents of the University of California
Retired employees of University of California were not entitled to pension benefits because the implementation of benefits was conditioned on a specified event, which never occurred during retirees' employment. 		Contracts 1DCA/5 Jun. 29, 2022
JJD-HOV Elk Grove, LLC v. Jo-Ann Stores
Commercial leasing agreement's co-tenancy provision was valid and enforceable as a "dual" or "alternative" rent provision rather than an unenforceable penalty. 		Contracts 3DCA Jun. 29, 2022
Filtzer v. Ernest
The parties' Forbearance Agreement was intended to be a full satisfaction of debts owed under their settlement agreement since interpreting the documents otherwise would lead to absurd results. 		Contracts 2DCA/8 Jun. 6, 2022
Modification: Filtzer v. Ernest
The parties' Forbearance Agreement was intended to be a full satisfaction of debts owed under their settlement agreement since interpreting the documents otherwise would lead to absurd results. 		Contracts 2DCA/8 Jun. 6, 2022
Modification: San Luis Obispo Local v. Central Coast
The reciprocal attorney's fees provision of the Civil Code does not apply in a contract with a government agency that had no authority to enter into an attorney's fee provision in the first place. 		Contracts 2DCA/6 Jun. 1, 2022
Soleimany v. Narimanzadeh
Plaintiffs were entitled to a 7 percent prejudgment interest rate on a usurious promissory note secured by a deed of trust since that was the default rate under the California Constitution. 		Contracts 2DCA/4 May 19, 2022
San Luis Obispo Local v. Central Coast
The reciprocal attorney's fees provision of the Civil Code does not apply in a contract with a government agency that had no authority to enter into an attorney's fee provision in the first place. 		Contracts 2DCA/6 May 6, 2022
Estate of Eskra
Plaintiff was not entitled to rescission of a premartial contract based on her unilateral mistake because she neglected to read the contract or confer with her attorney before signing. 		Contracts 1DCA/5 May 5, 2022
Fettig v. Hilton Garden Inns Management LLC
Plaintiff could not void a settlement agreement based on a claim that her attorney threatened her to accept the settlement, because defendant did not know about the supposed duress and relied on the settlement in good faith. 		Contracts 2DCA/8 May 5, 2022
Modification: Foxcroft Productions, Inc. v. Universal City Studios LLC
The term "photoplay" in a 1971 contract with Universal unambiguously encompassed episodes of hit television series Columbo based on its usage in the contract. 		Contracts 2DCA/8 Apr. 28, 2022
Foxcroft Productions, Inc. v. Universal City Studios LLC
The term "photoplay" in a 1971 contract with Universal unambiguously encompassed episodes of hit television series Columbo based on its usage in the contract. 		Contracts 2DCA/8 Mar. 31, 2022
Pappas v. Chang
Plaintiff was not excused from executing a more comprehensive settlement agreement subsequent to the parties' executed settlement agreement. 		Contracts 1DCA/2 Mar. 7, 2022
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