For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
Daily appellate reports
Enewsletter Sign-up
    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Nazaryan v. Femtometrix
Civil litigation privilege did not bar breach of contract claim predicated on defendants' fraudulent characterization of settlement stock as non-employee compensation. 		Contracts, Tax 4DCA/3 Apr. 25, 2025
New England Country Foods v. Vanlaw Food Products
Limitations on damages for willful injury to the person or property of another, as well as full releases, are prohibited by Civil Code Section 1668. 		Contracts, Remedies CASC Apr. 25, 2025
Diamond v. Schweitzer
Because signed release unequivocally released Defendants from all liability resulting from any injury related to the event, Plaintiff's injuries resulting from a third-party altercation was covered by the release. 		Torts, Contracts 5DCA Apr. 23, 2025
Golden State Boring v. Astaldi Construction
Subcontractor neither listed in original bid nor performing work exceeding threshold value was not entitled to statutory protections against substitution by the prime contractor. 		Contracts 4DCA/3 Apr. 18, 2025
Schrader Cellar LLC v. Roach
Summary judgment was improper where triable issues of fact existed as to whether attorney had rebutted the presumption of undue influence in alleged oral business agreement with client. 		Contracts, Attorneys 9th Feb. 24, 2025
Pulse Technology Consulting Group v. Skowron & Bunning
Contract specifically provided for recovery of attorney fees even though it only stated that the prevailing party was entitled to recover "all third-party costs" associated with collecting overdue invoices. 		Contracts, Attorneys 3DCA Feb. 13, 2025
Gharibian v. Wawanesa General Insurance Company
Debris from a nearby wildfire falling onto an insured property did not constitute physical loss. 		Insurance, Contracts 2DCA/2 Feb. 10, 2025
Martinez v. Sai Long Beach B, Inc.
Although used-car sales contract contained an attorney fees provision, Song-Beverly Act disallowed defendant from being awarded attorney fees as the prevailing party. 		Consumer Law, Contracts 2DCA/5 Jan. 30, 2025
G.P.P., Inc. v. Guardian Protection Products, Inc.
Abandonment of certain claims did not operate as voluntary dismissal for determining the prevailing party because there was no clear and unambiguous expression of an intent to abandon the claims. 		Civil Procedure, Contracts 9th Jan. 22, 2025
JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC
Cotenancy provision in retail lease reflected parties' agreement regarding acceptable alternative performance of negotiated obligations and was enforceable. 		Real Property, Contracts CASC Dec. 20, 2024
People v. North River Insurance Co.
Bail bond was not void despite the fact that ancillary premium financing agreement was unenforceable because the agreements were separate and involved different consideration. 		Criminal Law and Procedure, Contracts 2DCA/3 Nov. 22, 2024
The Comedy Store v. Moss Adams LLP
Trial court erred in enforcing agreement's forum selection clause when it assigned the burden of proof to the non-moving party. 		Civil Procedure, Contracts 2DCA/4 Nov. 18, 2024
Robles v. City of Ontario
Plaintiffs had right to seek additional attorney fees incurred while seeking enforcement of stipulated judgment because the plain language of their agreement so provided. 		Civil Procedure, Contracts 4DCA/3 Nov. 8, 2024
Vaghashia v. Vaghashia
Party was judicially estopped from seeking to vacate settlement agreement that it had previously moved to enforce even though the trial court adopted an adverse interpretation of the agreement. 		Civil Procedure, Contracts 2DCA/8 Oct. 30, 2024
Bennett v. Isagenix International, LLC
District court erred in treating the parties' contractual limitation on consequential damages as a basis for finding irreparable harm. 		Contracts 9th Oct. 2, 2024
Milos Product Tanker Corporation v. Valero Marketing and Supply Co.
District court erroneously found that defendant consignee breached a contract to pay freight costs, where defendant was not a party to the shipping contract and had not impliedly assumed the obligation to pay. 		Contracts, Maritime Law 9th Sep. 19, 2024
Modification: Samuelian v. Life Generations Healthcare, LLC
Where owners sell only partial interest in company, reasonableness standard rather than void per se must be applied to determine whether noncompete clause is valid. 		Contracts, Business Law 4DCA/3 Sep. 18, 2024
C.R. Bard, Inc. v. Atrium Medical Corp.
A minimum royalty provision applicable to two patents was still enforceable following the expiration of one of the patents. 		Patent Law, Contracts 9th Aug. 26, 2024
Rattagan v. Uber Technologies, Inc.
A plaintiff may assert a fraudulent concealment claim arising from the performance of a contract if the elements of the claim can be established independently and the tortious conduct exposes plaintiff to a risk of harm beyond the parties' reasonable contemplation. 		Torts, Contracts CASC Aug. 23, 2024
Samuelian v. Life Generations Healthcare, LLC
Where owners sell only partial interest in company, reasonableness standard rather than void per se must be applied to determine whether noncompete clause is valid. 		Contracts, Business Law 4DCA/3 Aug. 22, 2024
AGK Sierra De Montserrat L.P. v. Comerica Bank
First-party litigation attorney fees are not covered by standard indemnity provisions as a general matter under California law unless it is explicitly stated otherwise in the contract. 		Contracts 9th Jul. 22, 2024
Modification: Carolina Beverage Corp. v. Fiji Water Co., LLC
Distribution contract was not constructively terminated where the distributor continued to operate under it after the purported constructive termination. 		Contracts 2DCA/2 Jun. 24, 2024
Calise v. Meta Platforms, Inc.
Social media company was not shielded by Communications Decency Act from liability for alleged violations of duty that arose independently from company's role as publisher of third-party content. 		Cyber Law, Contracts 9th Jun. 6, 2024
Mueller v. Mueller
A confidentiality clause in an agreement that repeatedly and explicitly stated that it created no enforceable rights was not enforceable. 		Contracts, Family Law 1DCA/5 Jun. 4, 2024
Carolina Beverage Corp. v. Fiji Water Co., LLC
Distribution contract was not constructively terminated where the distributor continued to operate under it after the purported constructive termination. 		Contracts 2DCA/2 Jun. 3, 2024
Mar v. Perkins
An employee who promptly rejects an employer's modification to its dispute policy to require arbitration will not be bound, even if he continues to work for the company. 		Arbitration, Contracts 2DCA/7 May 24, 2024
BTHHM Berkeley, LLC v. Johnston
Despite defendant's claim that he did not intend to be bound, settlement term sheet was enforceable under CCP Section 664.6. 		Contracts 1DCA/4 Apr. 1, 2024
Alameda Health System v. Alameda County Employees' Retirement
Public entity's breach of good faith and fair dealing claim failed because it contractually agreed to funding method used by retirement system. 		Contracts 1DCA/2 Mar. 29, 2024
VFLA Eventco v. William Morris Endeavor Entertainment
Force majeure provision in musician's Virgin Fest LA contract conditioned their right to the $6 million deposit based on their willingness to perform but for COVID-19. 		Contracts 2DCA/8 Mar. 8, 2024
Andrade v. Western Riverside Council of Governments
Plaintiff was entitled to attorney's fees under Civil Code Section 1717 because the Property Assessed Clean Energy assessment agreements could not limit the attorney's fee provisions to only foreclosure proceedings. 		Contracts 4DCA/1 Feb. 22, 2024
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.