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Judicial Council of California v. Jacobs Facilities Inc.
Verdict in favor of contractor overturned where contractor indisputably failed to comply with licensing requirements, but contractor may nevertheless avoid forfeiture if substantial compliance is demonstrated.
Contracts Sep. 16, 2015
James L. Harris Painting & Decorating Inc. v. West Bay Builders Inc.
Party not entitled to attorney fees under fee-shifting provisions of prompt payment statutes fee where neither side was 'prevailing party' in whole litigation.
Contracts Sep. 4, 2015
James L. Harris Painting & Decorating Inc. v. West Bay Builders Inc.
Party not entitled to attorney fees under fee-shifting provisions of prompt payment statutes fee where neither side was 'prevailing party' in whole litigation.
Contracts Aug. 31, 2015
Dept. of Forestry and Fire Prot. v. Lawrence Livermore
Mutual aid firefighting agreements do not allow Cal Fire to recover fire suppression costs in rendering aid to jurisdiction that may have negligently caused fire.
Contracts Aug. 27, 2015
Tribeca Co. v. First American Title Ins.
Investment firm fails to prove entitlement to damages based on escrow company's release of funds to third-party investor rather than to firm.
Contracts Aug. 27, 2015
Judicial Council of California v. Jacobs Facilities Inc.
Verdict in favor of contractor overturned where contractor indisputably failed to comply with licensing requirements, but contractor may nevertheless avoid forfeiture if substantial compliance is demonstrated.
Contracts Aug. 24, 2015
Universal Protection Service LP v. Superior Court (Parnow)
Reference to American Arbitration Association's National Rules for the Resolution of Employment Disputes reflect parties' intent to submit threshold issue of class arbitrability to arbitrator.
Contracts Aug. 19, 2015
First American Title Insurance Co. v. Spanish Inn Inc.
Title insurer obtains summary judgment in its favor in lawsuit seeking indemnity against borrower in mechanic's lien foreclosure actions.
Contracts Aug. 17, 2015
Johnson v. Federal Home Loan Mortgage Corp.
Homeowner's contractual claims against Freddie Mac fail where Freddie Mac never agreed to assume servicing obligations after purchasing homeowner's loan.
Contracts Jul. 14, 2015
DKN Holdings LLC v. Faerber
Landlord may sue remaining parties who were jointly and severally liable on contract obligation in separate action even if landlord had already obtained judgment against an obligor.
Contracts Jul. 13, 2015
Epic Communications Inc. v. Richwave Technology Inc.
Third party is not entitled to protection of broad release contained in settlement agreement between two contracting parties where contract was ambiguous as to effect of release clause.
Contracts Jun. 23, 2015
Wong v. Stoler
In real estate sale, court should have granted rescission due to clear misrepresentation by seller, despite the impracticability of unwinding the transaction.
Contracts Jun. 23, 2015
DisputeSuite.com, LLC, v. Scoreinc.com
Dismissal of case based on contractual forum-selection clause is not a 'final resolution' that renders defendants 'prevailing party' for purposes of contractual attorney fees award.
Contracts May 15, 2015
Granadino v. Wells Fargo
Bank's statement that no foreclose sale was scheduled was not a promise but a statement of fact; does not give rise to promissory estoppel claim when sale was later scheduled and executed.
Contracts Apr. 29, 2015
Northstar Financial Advisors v. Schwab Investments
Statements by mutual fund company as to fund objectives enough to substantiate agreement that may lead to breach of contract claims.
Contracts Apr. 28, 2015
Agam v. Gavra
Trial court properly awards reliance damages to jilted partner caused by other partner’s conduct that hampered partnership’s goal.
Contracts Apr. 23, 2015
Rideau v. Stewart Title of California
Indemnity clause specifying award of attorney fees is not reciprocal and is not triggered by buyer’s breach of contract claim against escrow company.
Contracts Apr. 15, 2015
DisputeSuite.com, LLC, v. Scoreinc.com
Dismissal of case based on contractual forum-selection clause is not a ‘final resolution’ that renders defendants ‘prevailing party’ for purposes of contractual attorney fees award.
Contracts Apr. 14, 2015
Golden v. Cal. Emergency Physicians
California Business and Professions Code Section 16600 applies to restraints on professional practice, and not just to non-compete covenants.
Contracts Apr. 8, 2015
Ong v. Fire Insurance Exchange
‘Malice,’ as used in insurance policy exclusion, should bear its plain, layperson definition in court, rather than a ‘malice in law’ definition.
Contracts Apr. 5, 2015
CADC/RAD Venture 2011-1 LLC v. Bradley
Lender may pursue deficiency judgment against guarantors who failed to demonstrate that guaranty was a sham.
Contracts Apr. 2, 2015
Cline v. Homuth
Plaintiff’s evidence insufficient to demonstrate parties intended to exclude grandmother from liability under release entered into after collision caused by grandson.
Contracts Mar. 30, 2015
I-CA Enterprises Inc. v. Palram Americas Inc.
Joint and several liability is inappropriate where company’s damages, stemming from interference of two separate contracts, are not indivisible.
Contracts Mar. 17, 2015
Northstar Financial Advisors v. Schwab Investments
Statements by mutual fund company as to fund objectives enough to substantiate agreement that may lead to breach of contract claims.
Contracts Mar. 9, 2015
Bank of Manhattan v. FDIC
FIRREA does not immunize the FDIC against claims for breach of pre-receivership contracts.
Contracts Mar. 4, 2015
Trabert v. Consumer Portfolio Services
Unconscionable arbitration provision creating exception to the binding and final nature of arbitration award is severable from the arbitration agreement.
Contracts Mar. 3, 2015
Sanowicz v. Bacal
Real estate agent may proceed with lawsuit against fellow agent for reneging on commission-sharing deal.
Contracts Mar. 1, 2015
Hemphill v. Wright Family, LLC
Broadly-worded attorney fees provision renders lower court’s denial of recovery motion an error.
Contracts Feb. 25, 2015
Kansas v. Nebraska et al.
‘Recklessly gambling’ with Kansas’ rights under 1943 Republican River Compact merits partial disgorgement for Nebraska.
Contracts Feb. 24, 2015
Belasco v. Wells
Waiver of future claims as part of cash settlement is 'reasonable release' under Right to Repair Act, and bars subsequent claim over latent construction defects.
Contracts Feb. 18, 2015