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Gibson v. Wal-Mart Stores Inc.
Absent evidence that employee has no choice but to sign arbitration agreement, claim of economic duress doesn't invalidate agreement. 		Contracts Nov. 10, 1999
Gergel v. High View Homes, LLC
Homeowner must arbitrate claim for damages related to expansive soils. 		Contracts Nov. 4, 1999
Roget v. Grand Pontiac, Inc.
Auto dealership which assigns lease remains liable for claims related to lease. 		Contracts Nov. 4, 1999
Marsu B.V. v. The Walt Disney Co.
Failing to contact any television network isn't 'best effort' to secure network commitment to broadcast films. 		Contracts Oct. 29, 1999
Saret-Cook v. Gilbert, Kelly, Crowley & Jennett
Rescission is unavailable where substantial delay by rescinding party results in prejudice to opposing party. 		Contracts Oct. 22, 1999
Southern Pacific Transportation Co. v. Santa Fe Pacific Pipelines Inc.
Provision setting determination of rent increase by fair market value requires trial court to consider extrinsic evidence of exact method of valuation. 		Contracts Oct. 22, 1999
Bosinger v. Phillips Plastics Corp.
Duress must be specifically directed at the arbitration provision, not the contract as a whole, to invalidate an arbitration clause. 		Contracts Oct. 14, 1999
Scott Co. of California v. Blount Inc.
Despite verdict for less than settlement offer, attorney fees provision in contract allows for recovery of preoffer fees and costs. 		Contracts Sep. 13, 1999
Heppler v. J.M. Peters Co. Inc.
Indemnitor must be negligent before subcontract with indemnity provision can be exercised. 		Contracts Sep. 7, 1999
DeBerard Properties Ltd. v. Lim
Borrower can't waive anti-deficiency laws in forbearance agreement postdating original note and deed of trust. 		Contracts Sep. 6, 1999
Cates Construction, Inc. v. Talbot Partners
Bond guaranteeing construction contract performance obligates surety for damages from contractor's failure to timely perform the contract. 		Contracts Aug. 26, 1999
Simula Inc. v. Autoliv Inc.
Arbitration agreement must be construed broadly as encompassing all disputes having origin in contract. 		Contracts Aug. 6, 1999
Unocal Corp. v. Kaabipour
Petroleum Marketing Practices Act isn't violated by franchise buyer's financing and securing purchase with franchisor's interest in service stations. 		Contracts Aug. 6, 1999
Mingtai Fire & Marine Insurance Co. v. United Parcel Service
Since Taiwan isn't bound by China's adherence to Warsaw Convention, suit for lost cargo from Taiwan to California is limited by contract. 		Contracts Aug. 6, 1999
Mesa Forest Products Inc. v. St. Paul Mercury Insurance Co.
Where a judgment is more favorable than an offer to compromise, defendant's postoffer payments on debt should be considered by trial court. 		Contracts Aug. 5, 1999
Terran v. Kaplan
Letter to debtor requesting call to collection agency doesn't violate Fair Debt Collections Practices Act. 		Contracts Jul. 30, 1999
Davlar Corp. v. Superior Court (Wm. H. McGee & Co. Inc.)
Subrogation waiver applies to contract between contractor and subcontractor's by incorporation of contract with owner. 		Contracts Jul. 30, 1999
Bank of California v. Thornton-Blue Pacific Inc.
Description of collateral in financing statement includes proceeds of inventory placed with debtor on consignment. 		Contracts Jul. 29, 1999
Capital Development Co. v. Port of Astoria
Oregon's statute of frauds applies to employees of municipal corporation. 		Contracts Jul. 27, 1999
CRSS Commercial Group Inc. v. Toothman
Contractor isn't entitled to benefit of bargain damages for fraud and if no hiring obligation exists. 		Contracts Jul. 27, 1999
Concrete Tie of San Diego Inc. v. Liberty Construction Inc.
Small Business Administration has no duty to ensure reasonable profit for disadvantaged business awarded contract. 		Contracts Jul. 27, 1999
Continental Heller Corp. v. Amtech Mechanical Services Inc.
Indemnity agreement between contractor and subcontractor doesn't require showing of fault to establish subcontractor's liability. 		Contracts Jul. 26, 1999
Sutherland v. Barclays American/Mortgage Corp.
Agreement to 'stop' loan account temporarily doesn't mean the account will resume with a balloon payment. 		Contracts Jul. 26, 1999
R.E. Hazard, Jr. Enterprises Inc. v. Insurance Company of the West
Licensed general building contractor can recover under contract for commercial subdivision site work. 		Contracts Jul. 25, 1999
Sutherland v. Barclays American/Mortgage Corp.
Agreement to 'stop' loan account temporarily doesn't mean the account will resume with a balloon payment. 		Contracts Jul. 25, 1999
Wolitarsky v. Blue Cross of California
Discrimination claim under civil rights act providing independent right of action is still arbitrable. 		Contracts Jul. 25, 1999
Recorded Picture Co. Ltd. v. Nelson Entertainment Inc.
Subdistributor of video is obligated under contract with distributor, not distributor's contract with movie producers. 		Contracts Jul. 25, 1999
Williams v. Wells & Bennett Realtors
Two-year limitations statute isn't applicable in real estate breach of contract action for fraud. 		Contracts Jul. 19, 1999
Bed, Bath & Beyond of La Jolla Inc. v. La Jolla Village Square Venture Partners
Agreement to lease real property for term exceeding one year is subject to statute of frauds. 		Contracts Jul. 19, 1999
Don King Productions/Kingvision v. Ferreira
Club cannot seek indemnity for airing unauthorized boxing broadcast claiming satellite company didn't scramble signal. 		Contracts Jul. 19, 1999
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