Representative Cases
- Homeowner’s association settled with developer, who had cross-complained against subcontractor for indemnity. Jury verdict on cross-complaint for developer. Issue was whether subcontractor had duty to defend and whether contractor’s lack of license precluded recovery of defense costs.
- Homeowner’s association sued homeowner. Issue was whether preliminary injunction was an abuse of discretion.
- Manufacturer sued supplier for breach of warranty. Supplier prevailed. Issues concerned third party infringement claims and attorney’s fees under contractual fee clause.
- Contractor sued homeowner. Issues were whether there was substantial evidence that contractor performed and whether final payment was a progress payment.
- Manufacturer sued supplier for fraud and unfair competition. Issue was whether manufacturer had adequately stated claims.
- Property owner sued manufacturer of roof shingles for breach of warranty. Issue was whether roof shingles were a consumer product.
- Buyer’s real estate agent sued buyer for her commission. Issue was whether buyer was liable for commission where buyer entered into purchase agreement but then failed to complete the transaction without good cause.
- One company sued another company for breach of a joint venture agreement. Issue was whether the parties had reached an agreement on the essential terms.
- Action between two joint venturers. Issue concerned the valuation date for buyout.
- City settled claim and then sought defense costs under indemnity agreement. Issue was whether it was required to tender the defense in order to be entitled to those costs.