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Name Category Published
Oakland Bulk & Oversized Terminal LLC v. City of Oakland
City was in breach of contract because it lacked substantial evidence that proposed coal operations posed substantial health or safety danger. 		Contracts 9th May 27, 2020
Safarian v. Govgassian
Defendants were not parties to plaintiffs' marital agreement and therefore could not rely on Family Code Section 852 to invalidate voidable marital property agreement. 		Contracts 2DCA/5 Apr. 23, 2020
CITGO Asphalt Refining Co. v. Frescati Shipping Co.
Plain language of parties' safe-berth clause established a warranty of safety. 		Contracts USSC Mar. 31, 2020
Reeve v. Meleyco
Referral fee agreement between attorneys was unenforceable because the client did not provide written consent. 		Contracts 3DCA Mar. 25, 2020
Lange v. Monster Energy Co.
Parties' arbitration agreement was substantively unconscionable and trial could properly held it could not remove unconscionability merely by severing. 		Contracts 2DCA/1 Mar. 16, 2020
Travelers Property Casualty Co. of America v. KLA-Tencor Corp.
Under insurance policy, malicious prosecution coverage involves legal proceedings; thus, objectively reasonable insured could not expect malicious prosecution coverage to extend to 'Walker Process' claims which arise from fraud on PTO. 		Contracts 6DCA Feb. 18, 2020
Gamma Eta Chapter of Pi Kappa Alpha v. Helvey
Fraternity's chapter, as a subordinate of fraternity, lacked legal power to disregard instructions from fraternity ordering chapter to arbitrate claim against fraternity's agent. 		Contracts 2DCA/8 Feb. 10, 2020
Hance v. Super Store Industries
Contracts which violate the canons of professional ethics of attorneys may for that reason be void. 		Contracts 5DCA Jan. 27, 2020
Kiluk v. Mercedes-Benz USA, LLC
Although Song-Beverly Act generally binds only distributors and retail sellers in sale of used goods, defendant/manufacturer stepped into that role by issuing express warranty on sale of used vehicle. 		Contracts 4DCA/3 Dec. 16, 2019
Modification: Regency Midland Construction, Inc. v. Legendary Structures, Inc.
The court will look to a contract's purpose when interpreting a provision that is riddled with drafting errors. 		Contracts 2DCA/8 Nov. 27, 2019
Regency Midland Construction, Inc. v. Legendary Structures, Inc.
The court will look to a contract's purpose when interpreting a provision that is riddled with drafting errors. 		Contracts 2DCA/8 Nov. 8, 2019
Davis v. TWC Dealer Group, Inc.
Three separate arbitration agreements presented by defendant were unenforceable due to procedural and substantive unconscionability given their contents and the circumstances surrounding their signing. 		Contracts 1DCA/2 Nov. 1, 2019
Bakersfield College v. California Community College Athletic Assn.
Arbitration agreement contained procedural unconscionability coupled with substantive unconscionability because it lacked mutuality; thus, arbitration agreement was unenforceable. 		Contracts 3DCA Nov. 1, 2019
Magic Carpet Ride v. Rugger Investment Group
Evidence that defendant deposited lien release into escrow only eight days after it was required to do so raised triable issue of material fact whether defendant substantially performed under contract. 		Contracts 4DCA/3 Oct. 29, 2019
Koenig v. Warner Unified School District
Employment termination agreement provision under which health benefits would be paid until plaintiff turned 65 violated Government Code Section 53261, but was severable from the remainder of the agreement. 		Contracts 4DCA/1 Oct. 15, 2019
Gietzen v. Covenant RE Management, Inc.
After foreclosure, limited partner and third party beneficiary general partner lost their rights in lease, including provision limiting liability; thus, judgment was amended to include general partner as judgment debtor. 		Contracts 2DCA/6 Sep. 25, 2019
Moore v. Wells Fargo Bank, N.A.
Because Unemployment Program Forbearance Plan Notice modified deed of trust and note, the contract documents, as modified, were ambiguous; thus, remand was warranted. 		Contracts 3DCA Sep. 3, 2019
J.B.B. Investment Partners v. Fair
Trial court did not err in granting motion for summary adjudication of breach of contract claim because defendant's communications demonstrated, as a matter of law, the existence of settlement agreement. 		Contracts 1DCA/2 Jul. 3, 2019
Sands v. Walnut Gardens Condominium Assn.
Reasonable jurors could have concluded homeowners association breached covenants, conditions, and restrictions by failing to keep property unit in first class condition; thus, trial court erred in granting nonsuit judgment. 		Contracts 2DCA/8 May 15, 2019
Oxford Preparatory Academy v. Edlighten Learning Solutions
Trial court erred in denying petition to compel arbitration because subsequent termination agreement did not supersede the arbitration clause in the prior agreement. 		Contracts 4DCA/3 Apr. 24, 2019
Brown v. Goldstein
The text of parties' agreement, interpreted with aid of extrinsic evidence submitted, showed that parties intended that performance royalties would be included in revenue-sharing provision; thus, judgment reversed. 		Contracts 2DCA/7 Apr. 18, 2019
Farmers & Merchants Trust Co. v. Vanetik
A contract will be enforced if it is sufficiently definite for the court to ascertain the parties' obligations and to determine if those obligations have been performed or breached. 		Contracts 4DCA/3 Mar. 29, 2019
United Farmers Agents Assoc. v. Farmers Group
Plaintiff not entitled to declaratory relief on its claim that defendants' agreements preclude termination based on failure to meet performance standards; defendants had a right to terminate without cause under the agreement. 		Contracts 2DCA/8 Feb. 25, 2019
Goonewardene v. ADP, LLC
Employee should not be viewed as third party beneficiary who may maintain an action against payroll company for alleged breach of contract between the employer and payroll company regarding payment of wages. 		Contracts 2DCA/4 Feb. 8, 2019
Parsons v. Ryan
In order to determine a parties' intent under a contract, a court must look to the plain meaning of the words as viewed in the context of the contract as a whole. 		Contracts 9th Dec. 21, 2018
Professional Tax Appeal v. Kennedy-Wilson Holdings
Defendants unjustly enriched when plaintiff procured tax refunds for property owner but property was acquired by defendants in foreclosure proceedings before plaintiff was paid its contingency fee. 		Contracts 2DCA/8 Nov. 21, 2018
SI, 59 LLC v. Variel Warner Ventures, LLC. et al.
Civil Code section negating general release protection from liability does not apply where elements of sued-over tort include only 'past events.' 		Contracts California Courts of Appeal Nov. 19, 2018
Modification: Uber Technologies v. Google
When a party asserts the attorney-client privilege it is incumbent upon that party to prove the preliminary fact that a privilege exists. 		Contracts 1DCA/3 Oct. 29, 2018
Modification: Chacker v. JPMorgan Chase Bank, N.A.
Section 14 in deed of trust permits the lender to add attorney fees incurred to the outstanding amount owed; it does not authorize a separate fee award. 		Contracts 2DCA/5 Oct. 18, 2018
Glovis America, Inc. v. County of Ventura
Trial court did not err when it dismissed appellant's complaint because an option to extend a lease may be taxed if it is reasonable to assume the option will be exercised. 		Contracts 2DCA/6 Oct. 11, 2018
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