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Modification: Mosley v. Pacific Specialty Insurance Co.
An insured increases a hazard within its control only if the insured is aware of the hazard or it is reasonably discoverable. 		Contracts 4DCA/2 Jun. 26, 2020
Pulte Home Corp. v. CBR Electric, Inc.
Trial court misapplied law governing equitable subrogation and insurance company satisfied all the elements of equitable subrogation. 		Contracts 4DCA/2 Jun. 12, 2020
North Murrieta Community, LLC v. City of Murrieta
City had authority to impose generally applicable mitigation fees because plaintiff agreed to modify its rights under vesting tentative map. 		Contracts 4DCA/2 Jun. 10, 2020
Rubinstein v. Fakheri
The fact that companies' corporate powers were suspended at time of assignment did not affect assignee's standing to sue. 		Contracts 2DCA/2 Jun. 4, 2020
Hester v. Public Storage
Null and void clauses were valid because they were not precluded by statutes governing self-storage auction sales and plaintiff was not under duress. 		Contracts 4DCA/3 Jun. 1, 2020
Mosley v. Pacific Specialty Insurance Co.
An insured increases a hazard within its control only if the insured is aware of the hazard or it is reasonably discoverable. 		Contracts 4DCA/2 May 28, 2020
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
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