| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B256511
|
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 | |
|
11-17187
|
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 | |
|
H038537
|
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 | |
|
D065751
|
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 | |
|
B248694
|
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 | |
|
12-16514
|
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 | |
|
B252773
|
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 | |
|
A140420
|
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 | |
|
C073999
|
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 | |
|
B243362
|
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 | |
|
11-17187
|
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 | |
|
12-56737
|
Bank of Manhattan v. FDIC
FIRREA does not immunize the FDIC against claims for breach of pre-receivership contracts. |
Contracts |
|
Mar. 4, 2015 | |
|
D065556
|
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 | |
|
B252962
|
Sanowicz v. Bacal
Real estate agent may proceed with lawsuit against fellow agent for reneging on commission-sharing deal. |
Contracts |
|
Mar. 1, 2015 | |
|
D065462
|
Hemphill v. Wright Family, LLC
Broadly-worded attorney fees provision renders lower court’s denial of recovery motion an error. |
Contracts |
|
Feb. 25, 2015 | |
|
126, Orig
|
Kansas v. Nebraska et al.
‘Recklessly gambling’ with Kansas’ rights under 1943 Republican River Compact merits partial disgorgement for Nebraska. |
Contracts |
|
Feb. 24, 2015 | |
|
B254525
|
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 | |
|
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 |
