13 Cited authorities

Zamani v. Carnes
491 F.3d 990 (9th Cir. 2007) Cited 1,126 times
Holding that a district court "need not consider arguments raised for the first time in a reply brief"
Sanchez v. Valencia Holding Co., LLC
61 Cal.4th 899 (Cal. 2015) Cited 342 times 17 Legal Analyses
Holding that Concepcion applies to the Consumers Legal Remedies Act to the extent that it would have the same effect as Discover Bank
Sonic-Calabasas A, Inc. v. Moreno
57 Cal.4th 1109 (Cal. 2013) Cited 326 times 18 Legal Analyses
Holding that the FAA does not permit "additional delay that results from ... an administrative scheme [like the Berman hearing process] to effectuate state policies unrelated to the agreement's enforceability"
San Diego Watercrafts, Inc. v. Wells Fargo Bank
102 Cal.App.4th 308 (Cal. Ct. App. 2002) Cited 281 times
Holding that trial court erred in considering matters raised for the first time in a reply on a motion for summary judgment
Ajamian v. CantorCO2e, L.P.
203 Cal.App.4th 771 (Cal. Ct. App. 2012) Cited 193 times 1 Legal Analyses
Finding that incorporation by reference fails the clear and unmistakable test in the employment context
Kinney v. United HealthCare Services, Inc.
70 Cal.App.4th 1322 (Cal. Ct. App. 1999) Cited 228 times
Holding a "unilateral obligation to arbitrate is itself so one-sided as to be substantively unconscionable"
Graham v. Scissor-Tail, Inc.
28 Cal.3d 807 (Cal. 1981) Cited 296 times
Finding procedural unconscionability where successful and prominent music producer Bill Graham was required by the "realities of his business as a concert promoter to sign [union] form contracts"
National Union Fire Ins. Co. of Pittsburgh, PA v. Cambridge Integrated Services Group, Inc.
171 Cal.App.4th 35 (Cal. Ct. App. 2009) Cited 131 times 1 Legal Analyses
Discussing third-party beneficiaries in excess insurance context, finding insurer could sue workers' compensation program administrator for breach of contract as third-party beneficiary to the administration contract because the administrator's duties to resolve claims directly benefitted insurer
Mission Viejo Emergency Med. Assoc. v. Beta Healthcare Grp.
197 Cal.App.4th 1146 (Cal. Ct. App. 2011) Cited 82 times
Noting that under the holding in Concepcion the "[g]eneral state law doctrine pertaining to unconscionability is preserved unless it involves a defense that applies 'only to arbitration or that derive[its] meaning from the fact that an agreement to arbitrate is at issue'"
California Grocers Assn. v. Bank of America
22 Cal.App.4th 205 (Cal. Ct. App. 1994) Cited 131 times
Holding that trade group is not "consumer" of services for personal, family, or household purposes as defined within CLRA

Opposition Objections

13 Cited authorities

Holding that a district court "need not consider arguments raised for the first time in a reply brief"

Holding that Concepcion applies to the Consumers Legal Remedies Act to the extent that it would have the same effect as Discover Bank

Holding that the FAA does not permit "additional delay that results from ... an administrative scheme [like the Berman hearing process] to effectuate state policies unrelated to the agreement's enforceability"

Holding that trial court erred in considering matters raised for the first time in a reply on a motion for summary judgment

Finding that incorporation by reference fails the clear and unmistakable test in the employment context

Holding a "unilateral obligation to arbitrate is itself so one-sided as to be substantively unconscionable"

Finding procedural unconscionability where successful and prominent music producer Bill Graham was required by the "realities of his business as a concert promoter to sign [union] form contracts"

Discussing third-party beneficiaries in excess insurance context, finding insurer could sue workers' compensation program administrator for breach of contract as third-party beneficiary to the administration contract because the administrator's duties to resolve claims directly benefitted insurer

Noting that under the holding in Concepcion the "[g]eneral state law doctrine pertaining to unconscionability is preserved unless it involves a defense that applies 'only to arbitration or that derive[its] meaning from the fact that an agreement to arbitrate is at issue'"

Holding that trade group is not "consumer" of services for personal, family, or household purposes as defined within CLRA