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Name Category Published
Opinion of Lockyer
City council may not enter into public works contract with prime contractor when mayor is officer, stockholder and employee of subcontractor. 		Contracts Jun. 23, 2003
Green Tree Financial Corp. v. Bazzle
Arbitrator must determine whether contract permits class arbitration. 		Contracts Jun. 22, 2003
Atel Financial Corp. v. Quaker Coal Co.
Liquidated damages clause in lease agreement is unenforceable as penalty. 		Contracts May 30, 2003
Court House Plaza Co. v. Goodenough
Proposed sublessee is not third party beneficiary to lease agreement. 		Contracts May 21, 2003
Wiz Technology Inc. v. Coopers & Lybrand LLP
Auditor's resignation was warranted and not in breach of any supposed contract to conduct audit. 		Contracts Apr. 8, 2003
Wolf v. Superior Court (Walt Disney Pictures and Television)
Contingent entitlement to future compensation within exclusive control of one party does not create fiduciary relationship. 		Contracts Apr. 7, 2003
De Anza Enterprises v. Johnson
For appraisal purposes, contract terms did not require valuation of property to be retroactive despite non-cooperation of other party. 		Contracts Mar. 26, 2003
King Jewelry Inc. v. Federal Express Corp.
Package shipper successfully limited its liability for damage to items of 'extraordinary value.' 		Contracts Mar. 21, 2003
Jorgensen v. Cassiday
Attorney who convinced client to be client's sole representative is liable for breaching oral agreement to form joint venture. 		Contracts Feb. 17, 2003
American Vantage Companies v. Table Mountain Rancheria
Lawsuit against tribe for breach of contract is not pre-empted by federal gaming law. 		Contracts Feb. 4, 2003
Valerio v. Andrew Youngquist Construction
Court erred in ignoring plaintiff's judicial admissions that contract existed. 		Contracts Feb. 4, 2003
Ford v. Ford Motor Co.
Car dealership's settlement with customer does not establish manufacturer's duty to indemnify. 		Contracts Feb. 4, 2003
Gunther-Wahl Productions v. Mattel Inc.
Jury instruction was improper to determine existence of breach of implied-in-fact contract. 		Contracts Feb. 4, 2003
Middle Mountain Land and Produce Inc. v. Sound Commodities Inc.
Perishable Agricultural Commodities Act supports contractual right to attorney fees and interest as part of trust claim. 		Contracts Jan. 15, 2003
Topanga and Victory Partners v. Toghia
Defendant was properly denied attorney fees because cause of action was voluntarily dismissed. 		Contracts Jan. 7, 2003
Alexander v. Codemasters Group Limited
Employee may sue to enforce stock option agreement despite employer's silence regarding vesting schedule. 		Contracts Jan. 7, 2003
City of Orange v. San Diego County Employees Retirement Assn.
Oral agreement by employees retirement association to hold open settlement offer to cities was enforceable. 		Contracts Dec. 3, 2002
Wallis v. Princess Cruises Inc.
Cruise passage contract clause that merely references Athens Convention without providing approximate monetary limitation of liability is unenforceable. 		Contracts Nov. 19, 2002
Wilkison v. Wiederkehr
Plaintiff cannot seek equitable remedy for breach of contract when adequate legal remedy was available. 		Contracts Oct. 7, 2002
Storek & Storek Inc. v. Citicorp. Real Estate Inc.
Reasonableness was proper standard for lender to determine whether agreement's condition precedent was fulfilled. 		Contracts Oct. 2, 2002
Pardee Construction Co. v. Superior Court (Rodriguez)
In construction defect dispute, court correctly concluded judicial reference provisions in purchase agreements were unconscionable. 		Contracts Oct. 1, 2002
Stratosphere Litigation LLC v. Grand Casinos Inc.
Party to contract may assert anticipatory repudiation defense against claim by third-party beneficiary. 		Contracts Sep. 25, 2002
Grain Dealers Mutual Insurance Co. v. Farmers Alliance Mutual Insurance Co.
Transportation of fly ash operation on homeowners' property falls within 'business pursuit exclusion' of homeowners' insurance policy. 		Contracts Sep. 24, 2002
Dateline Exports, Inc. v. Basic Construction, Inc.
Court lacks authority to issue preliminary injunction freezing debtor's assets where debtor has not defaulted. 		Contracts Sep. 24, 2002
Tenet Healthsystem TGH Inc. v. Silver
Post-default collateral proceeds do not extinguish liability of guarantor under guaranty agreement. 		Contracts Sep. 23, 2002
Blankenbaker v. Jonovich
Unperfected lien is valid against patient who has actual notice of lien's existence and amount. 		Contracts Sep. 23, 2002
Regents of University of Colorado v. Harbert Construction Co.
Where contract precludes certain claims, plaintiff is barred from asserting the claims. 		Contracts Sep. 22, 2002
Harwig v. Downey
Plaintiffs are not entitled to award of attorney fee as third-party beneficiaries of real estate sales contract. 		Contracts Sep. 16, 2002
Hansen v. Virginia Mason Medical Center
Doctor's assurance that patient was not terminal within the year does not qualify as legally enforceable promise. 		Contracts Sep. 15, 2002
Track Mortgage Group Inc. v. Crusader Insurance Co.
Lender's contract damages limited to difference to amount secured by deed of trust and amount of lender's bid at foreclosure. 		Contracts Aug. 27, 2002
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