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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
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. 2, 2018
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 Sep. 21, 2018
Harris v. County of Orange
District court erred in dismissing Retiree's contract claims because there was enough evidence for the pleading stage to show an implied contract requiring the continuation of The Grant Benefit in perpetuity.
Contracts 9th Sep. 6, 2018
Modification: Lafferty v. Wells Fargo Bank, N.A.
Regulation limiting recovery by consumer to amount paid under installment contract does not prevent court from awarding costs and prejudgment interest where statutes provide that such awards be allowed 'in any action.'
Contracts 3DCA Aug. 20, 2018
Monster Energy Co. v. Schechter
When counsel signs a settlement agreement under the words 'approved as to form and content,' counsel is not liable to the defendant for breach of the confidentiality provision purporting to bind attorney.
Contracts 4DCA/2 Aug. 15, 2018
Property Cal. SCJLW One Corp. v. Leamy
Contracts 1DCA/1 Aug. 13, 2018
Property Cal. SCJLW One Corp. v. Leamy
Consideration is valid where parties compromise disputes or claims in good faith.
Contracts 1DCA/1 Aug. 13, 2018
Colaco v. Cavotec SA
Where covenants are to be performed at different times, they are generally regarded as independent; one party's failure to perform does not excuse other from performing; rather, party generally must perform and seek damages.
Contracts 4DCA/3 Aug. 13, 2018
Lafferty v. Wells Fargo Bank, N.A.
Regulation limiting recovery by consumer to amount paid under installment contract does not prevent court from awarding costs and prejudgment interest where statutes provide that such awards be allowed 'in any action.'
Contracts 3DCA Jul. 23, 2018
Modification: Strategic Concepts, LLC v. Beverly Hills Unified School Dist.
A trial court erred by instructing a jury that Government Code Section 1090 does not apply to independent contractors.
Contracts 2DCA/6 Jun. 7, 2018
Nist v. Hall
Good faith purchaser defense protects buyer of storage unit contents at lien sale, though rental agreement may not have complied with statutory standards.
Contracts 2DCA/6 Jun. 6, 2018
Bushansky v. Soon-Shiong
Forum selection clause properly triggered by postfiling consent to forum where postfiling activity may trigger clause.
Contracts 4DCA/1 May 31, 2018
Modification: Nielsen Contracting Inc. v. Applied Underwriters Inc.
Arbitration and delegation provisions are unenforceable where they were made in violation of regulatory statute and no exception justifying violation applies.
Contracts 4DCA/1 May 24, 2018
Strategic Concepts, LLC v. Beverly Hills Unified School Dist.
A trial court erred by instructing a jury that Government Code Section 1090 does not apply to independent contractors.
Contracts 2DCA/6 May 14, 2018
Nielsen Contracting Inc. v. Applied Underwriters Inc.
Arbitration and delegation provisions are unenforceable where they were made in violation of regulatory statute and no exception justifying violation applies.
Contracts 4DCA/1 May 4, 2018
Petrolink, Inc. v. Lantel Enterprises
Judgment denying request to subtract value of rents paid to lessor after lessee validly exercises purchase option from property's purchase price reversed where rent obligation terminates upon exercise of option.
Contracts 4DCA/1 Mar. 19, 2018
Doyle v. Fireman's Fund Insurance Co.
Where rare wine collector was defrauded out of $18 million worth of wines, insurance claim denial not improper where policy coverage was for property damage, not financial loss.
Contracts 4DCA/3 Mar. 8, 2018
CNH Industrial N.V. v. Reese
Ordinary principles of contract law govern collective bargaining agreements.
Contracts 6DCA Feb. 21, 2018
Modification: Guan v. Hu
Not error for trial court to grant relief based on breach of contract claim it had previously dismissed without leave, where claim re-pled as request for rescission.
Contracts 2DCA/1 Feb. 8, 2018
Guan v. Hu
Not error for trial court to grant relief based on breach of contract claim it had previously dismissed without leave, where claim re-pled as request for rescission.
Contracts 2DCA/1 Jan. 17, 2018
Kanno v. Marwit Capital Partners II
Breach of oral contract claim not barred by parol evidence rule where written agreements are not completely integrated and are not inconsistent with or contrary to oral agreement.
Contracts 4DCA/3 Dec. 28, 2017
SP Investment Fund I LLC v. Cattell
Failure to properly transfer a limited partnership interest under the Corporations Code does not negate the entire agreement if other benefits besides transfer are contemplated.
Contracts 2DCA/4 Dec. 26, 2017
R.W.L. Enterprises v. Oldcastle Inc.
For one agreement's terms to be incorporated into another under Civil Code Section 1642, the reference must be clear and unequivocal.
Contracts 4DCA/1 Dec. 1, 2017
Vitatech International, Inc. v. Sporn et al.
A stipulated judgement for more than four times a settlement amount is an unenforceable penalty under 'Greentree' because it bears no reasonable relationship to the range of damages the parties could have anticipated would result if defendant failed to timely pay.
Contracts 4DCA/3 Oct. 31, 2017