Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A138620
|
Ashburn v. AIG Financial Advisors
Trial court abused discretion by not holding evidentiary hearing before compelling arbitration where opponents alleged fraud and breach of fiduciary duty. |
Contracts |
|
Feb. 10, 2015 | |
G050446
|
Cobb v. Ironwood Country Club
Club cannot force members into arbitration based on bylaw that became effective after members filed lawsuit. |
Contracts |
|
Jan. 30, 2015 | |
13-35069
|
Mays-Williams v. Williams
Changing retirement plan beneficiary over phone may have substantially complied with plan’s ‘governing documents.’ |
Contracts |
|
Jan. 29, 2015 | |
B253338
|
Ferguson v. Yaspan
Taken in context, buyout provision of contract is fair, though it tended to favor one party. |
Contracts |
|
Jan. 27, 2015 | |
D065364
|
Deputy Sheriffs’ Association of San Diego County v. County of San Diego
California Public Employees’ Pension Reform Act of 2013 partially violates state constitution’s prohibition against impairment of contracts. |
Contracts |
|
Jan. 23, 2015 | |
B253421
|
State Ready Mix Inc. v. Moffatt & Nichol
Concrete supplier sued by contractor barred by economic loss rule from seeking equitable indemnity from third-party civil engineer. |
Contracts |
|
Jan. 9, 2015 | |
A140232
|
J.B.B. Investment Partners Ltd. v. Fair
Businessman’s automatically generated e-mail signature is ineffective to enforce settlement agreement because it does not constitute ‘electronic signature.’ |
Contracts |
|
Jan. 2, 2015 | |
A138825
|
Pittsburg Unified School District v. S.J. Amoroso Construction Co. Inc.
School District may withdraw retained funds held in escrow for construction project following contractor’s default. |
Contracts |
|
Dec. 24, 2014 | |
G049205
|
Mesa Shopping Center-East LLC v. Hill
Plaintiff may not voluntarily dismiss state action against defendant after arbitral claims had been submitted and decided in favor of defendant. |
Contracts |
|
Dec. 24, 2014 | |
E057280
|
Lennar Homes of California Inc. v. Stephens
Homebuyers dodge seller’s lawsuit that was based on homebuyers’ protected right of filing class action, and concerning unenforceable indemnity agreement. |
Contracts |
|
Dec. 19, 2014 | |
G049204
|
Hyundai Amco America Inc. v. S3H Inc.
Subcontractor may compel arbitration of dispute with general contractor without first making demand because general contractor’s lawsuit clearly showed refusal to arbitrate. |
Contracts |
|
Dec. 18, 2014 | |
B249057
|
U.S. Bank National Association v. Yashouafar
Guarantor may not have to pay more than $14 million in prepayment fee where dispute remain regarding date guarantor’s obligation accrued. |
Contracts |
|
Dec. 18, 2014 | |
A136679
|
City and County of San Francisco v. Cobra Solutions Inc.
Party waives exclusion of allegedly tainted evidence because delay in filing motion to exclude was unreasonably lengthy. |
Contracts |
|
Dec. 17, 2014 | |
D062277
|
Pacific Corporate Group Holdings LLC v. Keck
Employment agreement is enforceable where parties’ conduct clearly showed intent to be bound by it although employee failed to provide signed copy to employer. |
Contracts |
|
Dec. 15, 2014 | |
E053187
|
California Bank & Trust v. Del Ponti
Guarantors may raise equitable defenses in defending suit by creditor where creditor willfully breached agreement even though guarantee agreement included waiver provision. |
Contracts |
|
Dec. 11, 2014 | |
A140232
|
J.B.B. Investment Partners Ltd. v. Fair
Businessman’s automatically generated e-mail signature is ineffective to enforce settlement agreement because it does not constitute ‘electronic signature.’ |
Contracts |
|
Dec. 9, 2014 | |
A140232
|
J.B.B. Investment Partners Ltd. v. Fair
Businessman’s automatically generated e-mail signature is ineffective to enforce settlement agreement because it does not constitute ‘electronic signature.’ |
Contracts |
|
Dec. 7, 2014 | |
A138306
|
Mountain Air Enterprises LLC v. Sundowner Towers LLC
Trial court improperly denies attorney fees provided under agreement by erroneously concluding that agreement did not encompass affirmative defense of novation. |
Contracts |
|
Nov. 23, 2014 | |
12-56120
|
Knutson v. Sirius XM Radio Inc.
Sirius XM cannot force car buyer to arbitrate claims because use of trial subscription did not manifest his assent to be bound by arbitration agreement. |
Contracts |
|
Nov. 10, 2014 | |
B254893
|
Maxwell v. Dolezal
Celebrity's breach of contract claim against business associate survives dismissal although he failed to state contract was written within that claim. |
Contracts |
|
Nov. 4, 2014 | |
D059983
|
Holguin v. Dish Network LLC
Contracts with AT&T Corp. and Dish Network for satellite television services include implied term requiring proper installation of equipment. |
Contracts |
|
Sep. 22, 2014 | |
B248432
|
Jade Fashion & Co. Inc. v. Harkham Industries Inc.
Debtor cannot apply discount to final installment payment because it failed to timely pay weekly installments as required under written agreement with creditor. |
Contracts |
|
Sep. 8, 2014 | |
B249825
|
Brown v. County of Los Angeles
Inmate, who committed murder at 16, may not later attack plea bargain based on civil contract law, under which minors may not enter into contracts. |
Contracts |
|
Sep. 1, 2014 | |
E054618
|
Golden State Boring & Pipe Jacking Inc. v. Eastern Municipal Water District
Subcontractor’s action against surety for nonpayment is untimely in light of three cessations of labor that triggered duty to file stop notice, or to file suit. |
Contracts |
|
Jul. 23, 2014 | |
B253290
|
Paramount Petroleum Corp. v. Superior Court (Building Materials Corp. of America)
Trial court incorrectly grants summary adjudication on issue of supplier’s liability for breach of contract where damages had not yet been determined. |
Contracts |
|
Jun. 23, 2014 | |
12-55156
|
Ramona Equipment Rental Inc. v. Carolina Casualty Insurance Co.
Rental equipment supplier’s notice of claim against government contractor is timely when made within 90 days of last delivery in series of deliveries. |
Contracts |
|
Jun. 22, 2014 | |
B243141
|
Sabia v. Orange County Metro Realty Inc.
Arbitration agreement between clients and mortgage foreclosure consultant is unenforceable because it was unilateral and only required clients to arbitrate their claims. |
Contracts |
|
Jun. 18, 2014 | |
A136675
|
Tiri v. Lucky Chances Inc.
Trial court may not rule on enforceability of arbitration agreement because parties’ delegation of authority to arbitrator was clear and not unconscionable. |
Contracts |
|
May 16, 2014 | |
12-56539
|
Technica LLC v. Carolina Casualty Insurance Co.
Subcontractor on federal construction project in California may sue prime government contractor for payments under Miller Act, although it lacked California license. |
Contracts |
|
Apr. 30, 2014 | |
12-16527
|
Block v. eBay Inc.
eBay’s automatic bidding process does not violate provisions of its user agreement, which described how its system works and the limits on its liability. |
Contracts |
|
Apr. 2, 2014 |