Contracts

A contractual jury trial waiver is unenforceable in California state court despite the contract’s choice of New York law which allows such waivers.  Read More

Since plaintiff lacked actual knowledge of limitations on his authority, the signature by the manager of a limited liability company that was itself the manager of a second limited liability company was sufficient to bind the latter company to a contract. Read More

Since California law treats silence as non-acceptance of a contract offer, a consumer did not agree to arbitrate disputes with Samsung by failing to respond to an arbitration clause that was included in a warranty and product information booklet packaged with a Galaxy cellphone which the customer received after signing a Verizon subscription agreement.  Read More

Plaintiff company and defendant city entered into an agreement that plaintiff’s effluent would meet certain fluoride concentration levels; subsequently, when the city passed stricter environmental regulations in order to comply with new state laws, the company’s remedy was a breach of contract lawsuit, not a claim under the US Constitution’s contracts clause.  Read More

A contract's indemnity clause requiring plaintiff to indemnify defendant against all claims resulting from defendant's performance of the contract applied only to claims by third parties—and not to claims asserted by one contracting party against the other, since there was no explicit language indicating the parties intended to agree to fee-shifting in that manner.  Read More

The current lessor/owners of a post office could not invoke imperfections in service of renewal notices as a means of avoiding the contractually-mandated sale of the property to the lessee (the US Postal Service) at the below-current-market price set in the lease.  Read More

In seeking indemnity under an express contractual indemnity clause, an indemnitee is not limited to either the pleadings or proof the claimant presented in the underlying negligence action.  Read More

In dispute between HOA and homeowner over improvements to homeowner’s patio, HOA prevailed and was therefore entitled to mandatory fee award under Civ. Code 5975(c), but only for portion of attorney’s fees incurred after the homeowner failed to complete agreed changes within the 60 days allowed under the parties’ settlement agreement.  Read More

Even though a federal defense contract required use of boxes only plaintiff made, plaintiff was not a third party beneficiary of the contract because neither contracting party intended to grant plaintiff enforceable rights under the contract.  Read More

A contract for a fee for alerting an owner to escheatable property is void as against public policy if entered into between the time a holder reports escheated property to the state and the date the holder transfers that property to the state.  Read More