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Opposition Objections

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11 Cited authorities

  1. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,859 times   46 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable

  2. Abramson v. Juniper Networks, Inc.

    115 Cal.App.4th 638 (Cal. Ct. App. 2004)   Cited 235 times
    Holding that where an adhesive contract is oppressive, surprise need not be shown

  3. A & M Produce Co. v. FMC Corp.

    135 Cal.App.3d 473 (Cal. Ct. App. 1982)   Cited 390 times   1 Legal Analyses
    Holding unconscionable a disclaimer of warranties under the Uniform Commercial Code where there was "allocation of commercial risks in a socially or economically unreasonable manner"

  4. Valencia v. Smyth

    185 Cal.App.4th 153 (Cal. Ct. App. 2010)   Cited 91 times
    Concluding agreement stating the "[i]nterpretation of this agreement . . . shall be governed by the [FAA ]" insufficient to incorporate FAA procedural provisions

  5. Moseley v. Electronic Facilities

    374 U.S. 167 (1963)   Cited 92 times
    Holding that the Court does not reach the issue of arbitrability because the issue of fraud needed to be reached before arbitrability.

  6. Duick v. Toyota Motor Sales, U.S.A., Inc.

    198 Cal.App.4th 1316 (Cal. Ct. App. 2011)   Cited 30 times
    Finding fraud in the inception where the plaintiff believed she was agreeing to a personality test, but was actually agreeing to be pranked by the defendant's marketing representatives

  7. Ford v. Shearson Lehman American Express, Inc.

    180 Cal.App.3d 1011 (Cal. Ct. App. 1986)   Cited 51 times
    Holding that plaintiff was not compelled to arbitrate action for breach of fiduciary duty against his securities broker and investment advisor, former psychotherapist, and former bookkeeper and business manager; "A confidential relationship 'may be said to exist whenever trust and confidence is reposed by one person in the integrity and fidelity of another.' And where the person in whom such confidence is reposed, by such confidence obtains any control over the affairs of the other, a trust or fiduciary relationship is created."

  8. Section 3 - Stay of proceedings where issue therein referable to arbitration

    9 U.S.C. § 3   Cited 7,457 times   37 Legal Analyses
    Providing for a stay of judicial proceedings on "issue referable to arbitration"

  9. Section 4 - Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination

    9 U.S.C. § 4   Cited 6,733 times   33 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists

  10. Section 10 - Same; vacation; grounds; rehearing

    9 U.S.C. § 10   Cited 5,623 times   105 Legal Analyses
    Vacating arbitration award appropriate " where the award was procured by corruption, fraud, or undue means; where there was evident partiality or corruption in the arbitrators, or either of them; where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made."

  11. Section 11 - Same; modification or correction; grounds; order

    9 U.S.C. § 11   Cited 923 times   13 Legal Analyses
    Allowing district courts to vacate or modify an arbitration award upon the application of "any party to the arbitration"