13 Cited authorities

  1. Zamani v. Carnes

    491 F.3d 990 (9th Cir. 2007)   Cited 1,094 times
    Holding that a district court "need not consider arguments raised for the first time in a reply brief"
  2. Sanchez v. Valencia Holding Co., LLC

    61 Cal.4th 899 (Cal. 2015)   Cited 317 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
  3. Sonic-Calabasas A, Inc. v. Moreno

    57 Cal.4th 1109 (Cal. 2013)   Cited 309 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"
  4. San Diego Watercrafts, Inc. v. Wells Fargo Bank

    102 Cal.App.4th 308 (Cal. Ct. App. 2002)   Cited 277 times
    Holding that trial court erred in considering matters raised for the first time in a reply on a motion for summary judgment
  5. Ajamian v. CantorCO2e, L.P.

    203 Cal.App.4th 771 (Cal. Ct. App. 2012)   Cited 182 times   1 Legal Analyses
    Finding that incorporation by reference fails the clear and unmistakable test in the employment context
  6. Kinney v. United HealthCare Services, Inc.

    70 Cal.App.4th 1322 (Cal. Ct. App. 1999)   Cited 224 times
    Holding a "unilateral obligation to arbitrate is itself so one-sided as to be substantively unconscionable"
  7. Graham v. Scissor-Tail, Inc.

    28 Cal.3d 807 (Cal. 1981)   Cited 294 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"
  8. 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
  9. Mission Viejo Emergency Med. Assoc. v. Beta Healthcare Grp.

    197 Cal.App.4th 1146 (Cal. Ct. App. 2011)   Cited 80 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'"
  10. 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