Contract Disputes, Civil Code

California Supreme Court Finds Parties Cannot Contract Away Liability for Willful Injury

Venable LLP on 5/7/2025

On April 24, 2025, the California Supreme Court held that contract clauses that limit damages for injuries caused by willful tortious conduct are prohibited by Section 1668 of the California Civil Code....more

If A Contract Creates No Legally Enforceable Rights, Is It A Contract?

Allen Matkins on 6/4/2024

The word "contract" is derived from the Latin word contrahere which means to draw (or drag) together. The California Civil Code defines a "contract" as "an agreement to do or not to do a certain thing". Cal. Civ. Code §...more

By Law, Everything Is Possible In California

Allen Matkins on 6/16/2022

The California Civil Code includes a number of decidedly gnomic provisions. Section 1597 is one of these. It purports to answer the question of what is possible...more

Mental Capacity Standards in California Civil Litigation

Downey Brand LLP on 5/15/2018

What mental capacity standards apply in California civil litigation? Last month we presented on this subject at the Placer County Bar Association’s annual spring conference in Roseville. I’ll offer highlights here. Short...more

California Statute May Be An Issue In Dispute Between President Trump And Adult Film Actress

Allen Matkins on 4/2/2018

Not too long ago, I wrote about the lawsuit filed in California challenging a confidentiality agreement allegedly entered into by President Donald Trump. Clifford v. Trump, L.A. Super. Ct. Case No. BC 696568 (filed Mar. 6,...more

California Lawsuit Against President Trump Raises Issue Of Consent

Allen Matkins on 3/8/2018

Earlier this week, Stepanie Clifford, aka Stormy Daniels, filed a lawsuit against President Donald Trump in the Superior Court for the County of Los Angeles. Clifford v. Trump, L.A. Super. Ct. Case No. BC 696568 (filed Mar....more

Court of Appeal Explains Parol Evidence Rule

Allen Matkins on 1/4/2018

Today, I am picking up on my discussion of Kanno v. Marwit Capital, No. G052348, 2017 Cal. App. LEXIS 1150 (Ct. App. Dec. 22, 2017) in this post from last week and last year. Kanno involved the application of the parol...more

Contract Disputes › Civil Code