breach of contract

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Liu v. Amway Corp., 347 F.3d 1125 (9th Cir. 2003)

Xin Liu lost her job as a scientist in the Concentrate Development Department of the Nutrilite Division of Amway approximately 18 months after she was hired. Liu, who was on a leave of absence following her pregnancy, was informed that her position had been eliminated during a downsizing that followed a merger of her…

2,022 Ranch, LLC v. Superior Court, 113 Cal. App. 4th 1377 (2003)

A purchaser of land (2,022 Ranch, LLC) sued its title insurer (Chicago Title) for breach of contract and bad faith. During the course of the litigation, 2,022 Ranch sought documents from Chicago Title’s claims file and also to depose claims handlers and their supervisors concerning Chicago Title’s handling of and refusal to…

Varian Med. Sys., Inc. v. Delfino, 113 Cal. App. 4th 273, 6 Cal.Rptr.3d 325 (2003)

Varian and two of its executives, George Zdasiuk and Susan B. Felch, sued two former employees, Michelangelo Delfino and Mary Day, after Delfino and Day used Internet bulletin boards to post more than 13,000 derogatory messages about Varian and the two executives. Among other things, Delfino (whose employment Varian…

Snider v. Superior Court, 113 Cal. App. 4th 1187 (2003)

Quantum Productions, Inc. sued its former sales manager, David Snider, for misappropriation of trade secrets, breach of contract, interference with contractual relations and unfair competition after Snider resigned his employment with Quantum and formed a competing company. Quantum filed a motion to disqualify Snider’s attorney, Dale Larabee, after it learned that Larabee had contacted…

Appling v. State Farm Mut. Auto. Ins. Co., 340 F.3d 769 (9th Cir. 2003)

The State Farm agents in this case alleged that the company had terminated them in breach of their independent contractor agreements. The district court granted summary judgment in favor of State Farm, and the Ninth Circuit affirmed, holding that the termination provision did not require good cause and, in fact,…

Levy v. Skywalker Sound, 108 Cal. App. 4th 753 (2003)

Robert M. Levy worked as an audio recording engineer for Skywalker Sound in Marin County beginning in 1995. When Levy was hired, he was told that the scoring stage was a “non-union room” and that his position at Skywalker Sound would not be a union position. (Shortly after he began work, Levy began to…

Winterrowd v. American General Annuity Ins. Co., 321 F.3d 933 (9th Cir. 2003)

Three commissioned sales employees were laid off after their employer’s parent company was acquired by American General Corporation. As commissioned salespeople, the employees were not eligible for severance benefits under the employer’s Job Security Plan. However, the employees were offered and did agree to accept a different severance package in exchange…

Falkowski v. Imation Corp., 309 F.3d 1123 (9th Cir. 2002)

This class action litigation arose from a merger in which Imation Corporation, a publicly traded company, acquired Cemax-Icon, a closely held company in the medical information management business. A year after the merger, Imation sold the Cemax subsidiary to Eastman Kodak Company. The plaintiffs are a group of former Imation employees who alleged breach…

Alexander v. Codemasters Group Ltd., 104 Cal. App. 4th 129 (2002)

Craig Alexander alleged breach of contract against Codemasters (a United Kingdom-based computer game company) for its failure to provide Alexander (a former executive with the company) with options to purchase 35,000 shares of Codemasters’ stock at an exercise price of $3.25 per share. In its successful motion for summary judgment, Codemasters asserted that…

Valerio v. Andrew Youngquist Constr., 103 Cal. App. 4th 1264 (2002)

Andrew Youngquist Construction (a general contractor doing business as Birtcher Construction Services) solicited bids from subcontractors to build the Brenden Theater complex in Vacaville. Birtcher awarded Valerio the painting subcontract on the condition that he submit a performance bond. Valerio began working on the project even though he had not received an executed…