Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
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 |
D069820
|
Medina v. South Coast Car Co. Inc.
In dispute over used car sale, defendants unsuccessful in challenging award of attorney fees to plaintiff following settlement agreement allowing such an award. |
Contracts |
|
P. Benke | Sep. 26, 2017 |
A144987
|
Vallejo Police Officers Assoc. v. City of Vallejo
Police union unsuccessful in obtaining relief in benefits dispute with city, where its members have no vested rights in asserted benefits under labor contract. |
Contracts |
|
M. Miller | Sep. 25, 2017 |
B272168
|
BRE DDR BR Whittwood CA v. Farmers & Merchants Bank of Long Beach
Assignee is not liable for obligations of real property lease where record shows that assignee did not expressly assume obligations of lease. |
Contracts |
|
S. Kriegler | Aug. 31, 2017 |
C079180
|
Ponte v. County of Calaveras
Promissory estoppel theory may only succeed in contract action against public entity in special instance where ‘justice clearly requires.’ |
Contracts |
|
E. Duarte | Aug. 17, 2017 |
S223536
|
Mountain Air Enterprises LLC v. Sundowner Towers LLC
Assertion of affirmative defense does not equate to ‘action’ for purposes of recovering attorney fees; but prevailing party nevertheless entitled to fees where assertion implicated agreement’s attorney fees provision. |
Contracts |
|
M. Chin | Aug. 1, 2017 |
B269186
|
Phoenix Mechanical Pipeline v. Space Exploration
Where complaint alleges failure to pay re: arguably non-contracting services, demurrer sustained improperly against unlicensed contractor that provided such services. |
Contracts |
|
Jun. 13, 2017 | |
B276546
|
Guan v. Hu
In case stemming from failed romantic relationship, court's misapplication of Civil Code Section 1692 to award damages on equitable grounds results in reversal. |
Contracts |
|
Jun. 5, 2017 | |
H042740
|
Krechuniak v. Noorzoy
Brother fails to overturn trial court's order granting Sister's motion to enforce settlement agreement, where issue raised on appeal was subject to forfeiture. |
Contracts |
|
May 16, 2017 | |
H042243
|
G&W Warren’s Inc. v. Dabney
In dispute over sale of motorcycle dealership, buyer successful in reducing judgment in seller's favor, where court errs in finding buyer liable under guaranty for assignee's obligations. |
Contracts |
|
May 8, 2017 | |
11-16305
|
Hickcox-Huffman v. US Airways Inc.
The Airline Deregulation Act does not preempt state law claims arising out of delayed baggage. |
Contracts |
|
May 4, 2017 | |
S226652
|
DisputeSuite.com LLC v. ScoreInc.com
Defendant not entitled to attorney fees for obtaining dismissal of contract action in California based on forum selection clause specifying Florida jurisdiction. |
Contracts |
|
Apr. 7, 2017 | |
B262426
|
Wind Dancer Production Group v. Walt Disney Pictures
Disney's summary judgment win overturned; must face contractual dispute over profit sharing agreement over hit TV show 'Home Improvement.' |
Contracts |
|
Mar. 28, 2017 | |
H042292
|
Jacobs v. Locatelli
Trial court erred in sustaining demurrer as plaintiff alleged ability to produce evidence of 'written agency agreement' between defendant parties in response to statute of frauds defense. |
Contracts |
|
Mar. 2, 2017 | |
14-56059
|
G.W. Palmer & Co. Inc. v. Agricap Financial Corp.
'Boulder Fruit' controls suit involving alleged breach of the Perishable Agricultural Commodities Act, shielding third party from liability for distributor's failure to pay growers. |
Contracts |
|
Feb. 28, 2017 | |
B261461
|
Golden Day Schools Inc. v. Office of Administrative Hearings (California Dept. of Education)
Annual property rent increases constitute 'transactions' under contract referencing Corporations Code Section 5233 establishing conflict of interest guidelines for use of government funds. |
Contracts |
|
Feb. 23, 2017 | |
H042292
|
Jacobs v. Locatelli
Trial court erred in sustaining demurrer as plaintiff alleged ability to produce evidence of 'written agency agreement' between defendant parties in response to statute of frauds defense. |
Contracts |
|
Feb. 10, 2017 | |
A138463
|
Rincon EV Realty LLC v. CP III Rincon Towers, Inc.
California interest in protecting right to civil trial by jury trumps contractual waiver of right in loan agreement containing New York choice-of-law provision. |
Contracts |
|
Feb. 2, 2017 | |
14-15940
|
Pure Wafer Inc. v. City of Prescott
Permanent injunction improperly granted in favor of company on its Contract Clause claims where city's enactment of ordinance did not impair city's contractual obligations. |
Contracts |
|
Jan. 10, 2017 | |
A140096
|
Thompson v. Asimos
Assumption that lawsuit would have garnered full claim without defendant's breach of contract improper in award of damages to former business partner of defendant. |
Contracts |
|
Dec. 18, 2016 | |
H041712
|
Ryan v. Crown Castle NG Networks Inc.
Motion for new trial improperly denied where trial court found it lacked power to make independent assessment and where jury verdict was 'unmistakably unsound.' |
Contracts |
|
Dec. 13, 2016 | |
B268455
|
Westside Estate Agency v. Randall
Broker's claim he was entitled commission on real estate deal properly dismissed under statute of frauds where agreement was not reduced to writing. |
Contracts |
|
Dec. 1, 2016 | |
D068063
|
Alki Partners v. DB Fund Services
Failure to calculate net asset values for hedge fund not breach of contract, as portfolio manager witheld information of confidential settlement necessary to calculate values. |
Contracts |
|
Oct. 24, 2016 | |
A142723
|
Hjelm v. Prometheus Real Estate Group Inc.
Residents properly awarded attorney fees pursuant to Civil Code Section 1717 where attorney fees provisions in lease agreement were all one-sided, favoring only landlord. |
Contracts |
|
Oct. 6, 2016 | |
14-35100
|
USPS v. Bellevue Post Office LLC
Purchase option remains valid despite minor errors in service of earlier renewal options as lease only established that notices be 'given in writing.' |
Contracts |
|
Sep. 11, 2016 | |
B270094
|
Vishva Dev M.D. Inc. v. Blue Shield of California Life & Health Insurance Co.
Doctor's quantum meruit claims time-barred where insurers issued letters unequivocally denying doctor's bills more than two years prior to filing of lawsuit. |
Contracts |
|
Sep. 1, 2016 | |
A142201
|
Schellinger Brothers v. Cotter
Monetary judgment in favor of property developers affirmed where seller wrecks project by building trench on property in wetlands area. |
Contracts |
|
Aug. 29, 2016 | |
A145604
|
California American Water Co. v. Marina Coast Water District
Monterey County Water Resources Agency's attempt to judicially void agreement due to financial conflict of interest not limited by 60-day statute of limitations due to public agency status. |
Contracts |
|
Aug. 21, 2016 | |
A145642
|
Coles v. Glaser
Co-obligors liable to creditor for breach of settlement agreement after creditor forced to surrender most of proceeds to bankruptcy trustee as a preferential payment. |
Contracts |
|
Aug. 15, 2016 | |
F070067
|
Watson Bowman Acme Corp. v. RGW Construction Inc.
Subcontractor entitled to prejudgment interest where amount of damages awarded in its favor were sufficiently certain for purposes of Civil Code Section 3287(a). |
Contracts |
|
Aug. 11, 2016 |