Justia Contracts Opinion Summaries

This appeal stemmed from a dispute between defendant, a doctor, and a medical management company, Epic, with which he had contracted to supply non-medical management services to his practice. The arbitrator ruled in favor of Epic and the trial court confirmed the award. The doctor appealed, arguing that the arbitration award cannot stand because the contract, as interpreted by the arbitrator, is illegal. The court concluded, however, that the issue is not reviewable because the arbitrator did not exceed her powers by finding the parties had modified the agreement, and the award may not be vacated for illegality where the award is not reviewable for illegality in the entirety; it was not reviewable under the statutory public policy exception; and there is no legal violation as a matter of law. Finally, the court concluded that there was no prejudicial limitation on the doctor's evidence. Therefore, the court affirmed the judgment. View "Epic Medical Mgmt. v. Paquette" on Justia Law

Plaintiff, a technician employed by Tiger, filed suit against Triton and W&T after he was injured on board a vessel. W&T hired Triton to provide a vessel, staff, and equipment for W&T's offshore pipeline project, and also hired Tiger as a safety contractor. The district court interpreted the parties’ Master Service Contract (MSC) to place the burden of payment for plaintiff's injuries on W&T alone. The court concluded that the district court properly determined that plaintiff was W&T’s invitee; the district court's factual findings compel the conclusion that plaintiff was not Triton’s invitee; and the district court was correct to hold that W&T was liable under the MSC for Triton’s settlement and defense costs related to plaintiff's claims. Accordingly, the court affirmed the judgment. View "Grogan v. Triton Diving Services, L.L.C." on Justia Law

On March 28, 2014, real party in interest PCH Enterprises, Inc. sued defendants Sallie Cribley-Cole and Anna Gonzalez for breach of contract, specific performance, and declaratory relief. It alleged defendants failed to perform on a written agreement to sell a certain parcel of real property to PCH. PCH recorded a lis pendens on the same day it filed the complaint. No proof of service accompanied the lis pendens. Petitioner Rey Sanchez Investments sought to intervene, claiming it was the true owner of the property pursuant to a grant deed recorded April 2, 2014. Petitioner moved to expunge the lis pendens on grounds that there were technical defects in the service. PCH offered a proof of service that the lis pendens was personally served on Cribley-Cole in November 2014. The trial court denied the motion to expunge. On appeal, petitioner argued the lis pendens was completely void and subject to expungement because service was improper. The Court of Appeal agreed service was improper and reversed the trial court's judgment by way of a writ of mandate. View "Rey Sanchez Investments v. Superior Court" on Justia Law

In this complex, multi-forum dispute over compensation between a German company (PACT) and its former CEO, the CEO appealed the district court's dismissal, without prejudice, based on forum nonconveniens (FNC). The court concluded that the forum selection clause in the contract at issue is mandatory and enforceable. Further, no overwhelming public interest requires retention in Texas. Given the Supreme Court’s strong admonitions in favor of dismissal and against retention save for extraordinary matters, the district court was well within the bounds of its considerable discretion in dismissing. Accordingly, the court affirmed the judgment. View "Weber v. Pact XPP Techs." on Justia Law

Case voluntarily enrolled in a three-year, employer-sponsored educational program, agreeing, in writing that if he quit his job within 30 months of completing the program, he would reimburse his employer, UPI, a prorated portion of program costs. Two months after completing the program, Case went to work for another employer. He refused to reimburse UPI, which sued for breach of contract and unjust enrichment. Case cross-complained, asserting the reimbursement agreement was unenforceable and UPI violated the Labor Code and other statutory provisions in seeking reimbursement. The trial court granted UPI summary judgment on both its complaint and Case’s cross-complaint, and subsequently granted UPI’s motion for attorney fees for defeating Case’s wage claims. The court applied the version of Labor Code section 218.5 in effect at the time of the summary judgment proceedings, rather than the version in effect at the time it awarded fees, which permits fees to a prevailing employer only when the employee’s wage claims have been brought in “bad faith.” The court of appeal affirmed summary judgment, but reversed the attorney fees award. Under California Supreme Court precedent, statutory provisions that alter the recovery of attorney fees are deemed procedural in nature and apply to pending litigation. View "USS-POSCO Indus. v. Case" on Justia Law

In 2013, plaintiff Fagen, Inc. filed this lawsuit seeking to recover damages for work it had done in the construction of a wind park located in Bingham County. It named as defendants Lava Beds Wind Park, LLC; Exergy Development Group of Idaho, LLC; and XRG Development Partners, LLC (collectively “Defendants”); and Tabor Wind Farms, LLC. The district court entered an order dismissing Plaintiff’s claims against Tabor pursuant to a stipulation of those parties. Plaintiff then filed an amended complaint against the remaining defendants, alleging causes of action to foreclose a mechanic’s lien, to recover damages for breach of contract, and to recover damages in quantum meruit. Plaintiff moved for summary judgment seeking a judgment against Lava Beds and Exergy Development for breach of contract. In opposition to that motion, defendants filed two affidavits, which merely contained vague and conclusory allegations. The district court denied defendants’ motion to continue the hearing on summary judgment. During the hearing, Plaintiff stated that it withdrew its claim to foreclose a mechanic’s lien and its claims against XRG, which resolved these Defendants’ motion for summary judgment. Defense counsel admitted that Lava Beds and Exergy Development had breached their contract with Plaintiff, but he argued that one of the affidavits showed a need for further discovery at least as to the issue of damages. The court took the motion for summary judgment under advisement, then granted Plaintiff’s motion. It held that the conclusory affidavits submitted by Defendants were insufficient to create a genuine issue of material fact precluding summary judgment. On the same date, the court entered an order granting Defendants’ motion for summary judgment. Lava Beds and Exergy Development's motion for reconsideration was denied, and they appealed. Finding no reversible error, the Supreme Court affirmed the trial court's decision. View "Fagen v. Lava Beds Wind Park" on Justia Law

This case was an appeal of an amended judgment awarding damages for breach of contract, court costs, and attorney fees in connection with a contract to construct five wind farms. Because the parties had stipulated to that portion of the judgment regarding the damages for breach of contract, those issues were not subject to appellate review. Because the only challenge to the award of attorney fees was raised for the first time on appeal, the Supreme Court did not consider it. The Court therefore affirmed the amended judgment and the award of costs and attorney fees on appeal. View "Fagen v. Rogerson Flats Wind Park" on Justia Law

This case was Appellants' fifth unsuccessful attempt to recoup damages arising out of FedEx's termination of their linehaul contracts. They appealed a superior court judgment granting judgment on the pleadings and awarding sanctions under Code of Civil Procedure section 128.72 against them and their attorney. After review, the Court of Appeal affirmed and granted defendant-respondent Mirza Ahmad's motion for additional section 128.7 sanctions on appeal against Appellants and their trial counsel. View "Bucur v. Ahmad" on Justia Law

Lewis sued the video-sharing service, YouTube, for breach of contract it deleted her "channel." YouTube filed a filed a request for judicial notice of the YouTube Community Guidelines and several e-mails between Lewis and YouTube.The trial court granted the request for judicial notice and entered a judgment of dismissal. The court of appeal affirmed, stating that no provision in the Terms of Service could serve as the basis for the relief that Lewis sought. The court noted that YouTube has restored service for Lewis. View "Lewis v. YouTube" on Justia Law

Leon and Brenda Rogers purchased a home from Jeffrey Wright. The Rogers subsequently discovered several defects in the home and sued Wright, JWright Development, LLC, and JWright Companies, Inc. (collectively, the JWright defendants), alleging breach of contract, negligence, breach of warranty, and negligent and intentional misrepresentation. The district court granted summary judgment in favor of the JWright defendants. The Supreme Court reversed the district court’s order on the negligence claim but otherwise affirmed, holding (1) issues of material fact existed regarding whether the builder of the Rogers’ home breached its legal duty to build the home in a reasonable and workmanlike manner; and (2) the district court properly granted summary judgment in favor of the JWright defendants on the remainder of the Rogers’ claims. View "Rogers v. Wright" on Justia Law