11 Cited authorities

  1. Iskanian v. CSL Transportation Los Angeles, LLC

    59 Cal.4th 348 (Cal. 2014)   Cited 724 times   145 Legal Analyses
    Holding that arbitration provisions banning class-action litigation or collective arbitration of employment-related claims are enforceable under the NLRA and the FAA's saving clause, but also holding that arbitration provisions banning representative claims under California's Private Attorneys General Act violates that Act
  2. San Diego Watercrafts, Inc. v. Wells Fargo Bank

    102 Cal.App.4th 308 (Cal. Ct. App. 2002)   Cited 286 times   1 Legal Analyses
    Holding that trial court erred in considering matters raised for the first time in a reply on a motion for summary judgment
  3. Stirlen v. Supercuts, Inc.

    51 Cal.App.4th 1519 (Cal. Ct. App. 1997)   Cited 332 times   3 Legal Analyses
    Holding that the element of procedural unconscionability is established where the challenged clause is part of a contract of adhesion
  4. Avery v. Integrated Healthcare Holdings, Inc.

    218 Cal.App.4th 50 (Cal. Ct. App. 2013)   Cited 188 times   1 Legal Analyses
    Holding that arbitration is a contractual matter, and a party that has not agreed to arbitrate cannot be compelled to do so
  5. Banner Entm't, Inc. v. Superior Court

    62 Cal.App.4th 348 (Cal. Ct. App. 1998)   Cited 201 times   2 Legal Analyses
    Concluding mandatory means of assenting established by two sentences: "'Until such time, if ever, as such more formal agreement i . . . concluded, this agreement when signed by the parties hereto will constitute a legal and binding obligation of the parties. Please acknowledge your approval of the foregoing terms by signing a copy of this letter in the space indicated below'"
  6. Sparks v. Vista Del Mar Child and Family Services

    207 Cal.App.4th 1511 (Cal. Ct. App. 2012)   Cited 85 times
    Holding no agreement to arbitrate formed where employment handbook wording suggested handbook was informational rather than contractual, and acknowledgment stated only, "the Handbook contains important information about [the employer's] general personnel policies and on [the employee's] privileges and obligations as an Employee . . . I understand that I am governed by the contents of the Handbook"
  7. Mitri v. Arnel Management Co.

    157 Cal.App.4th 1164 (Cal. Ct. App. 2007)   Cited 79 times   1 Legal Analyses
    Holding acknowledgment of handbook containing arbitration provision insufficient to establish arbitration agreement where handbook stated that employees were required to sign arbitration agreement and would be provided a copy of their signed arbitration agreement
  8. Gorlach v. Sports Club Co.

    209 Cal.App.4th 1497 (Cal. Ct. App. 2012)   Cited 55 times   1 Legal Analyses
    Rejecting argument that non-signing employee had impliedly consented to arbitration by continuing employment after learning that signing an arbitration agreement was a condition of employment
  9. Plenger v. Alza Corp.

    11 Cal.App.4th 349 (Cal. Ct. App. 1992)   Cited 96 times   2 Legal Analyses
    Holding the defendant "not strict liable for injuries caused by the [device] if it was properly manufactured and was distributed with adequate information regarding the risks and dangers of which [the manufacturer] knew or should have known at the time."
  10. McCoy v. Superior Court of Orange County

    87 Cal.App.4th 354 (Cal. Ct. App. 2001)

    G026848 Filed February 27, 2001 REVIEW GRANTED Deleted on direction of Supreme Court by order dated June 20, 2001.