Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
16-17282
|
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 |
|
J. Wallace | Dec. 21, 2018 |
B282702
|
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 |
|
E. Grimes | Nov. 21, 2018 |
B285086
|
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 |
|
J. Ashmann-Gerst | Nov. 19, 2018 |
A153653
|
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 |
|
Oct. 29, 2018 | |
B281874
|
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 |
|
L. Baker | Oct. 18, 2018 |
B286538
|
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 |
|
M. Tangeman | Oct. 11, 2018 |
A153653
|
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 |
|
P. Siggins | Oct. 2, 2018 |
B281874
|
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 |
|
L. Baker | Sep. 21, 2018 |
13-56061
|
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 |
|
M. Berzon | Sep. 6, 2018 |
C080535
|
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 |
|
A. Hoch | Aug. 20, 2018 |
E066267
|
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 |
|
M. Ramirez | Aug. 15, 2018 |
A152959
|
Property Cal. SCJLW One Corp. v. Leamy
|
Contracts |
|
R. Dondero | Aug. 13, 2018 |
A152959
|
Property Cal. SCJLW One Corp. v. Leamy
Consideration is valid where parties compromise disputes or claims in good faith. |
Contracts |
|
R. Dondero | Aug. 13, 2018 |
G052619
|
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 |
|
R. Aronson | Aug. 13, 2018 |
C080535
|
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 |
|
A. Hoch | Jul. 23, 2018 |
B264478
|
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 |
|
A. Gilbert | Jun. 7, 2018 |
B284606
|
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 |
|
K. Yegan | Jun. 6, 2018 |
D072213
|
Bushansky v. Soon-Shiong
Forum selection clause properly triggered by postfiling consent to forum where postfiling activity may trigger clause. |
Contracts |
|
W. Dato | May 31, 2018 |
D072393
|
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 |
|
J. Haller | May 24, 2018 |
B264478
|
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 |
|
A. Gilbert | May 14, 2018 |
D072393
|
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 |
|
J. Haller | May 4, 2018 |
D073012
|
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 |
|
C. Aaron | Mar. 19, 2018 |
G054197
|
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 |
|
E. Moore | Mar. 8, 2018 |
17-515
|
CNH Industrial N.V. v. Reese
Ordinary principles of contract law govern collective bargaining agreements. |
Contracts |
|
P. Curiam (USSC) | Feb. 21, 2018 |
B276546
|
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 |
|
F. Rothschild | Feb. 8, 2018 |
B276546
|
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 |
|
F. Rothschild | Jan. 17, 2018 |
G052348
|
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 |
|
R. Fybel | Dec. 28, 2017 |
B276822
|
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 |
|
T. Willhite | Dec. 26, 2017 |
D070189
|
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 |
|
W. Dato | Dec. 1, 2017 |
G053477
|
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 |
|
R. Aronson | Oct. 31, 2017 |