Wilson & Wilson v. City Council of Redwood City
191 Cal.App.4th 1559 (Cal. Ct. App. 2011) Cited 217 times 3 Legal AnalysesRejecting as unripe claim regarding possible condemnation of property when the city had not yet committed to any action regarding the property
Acquire II, Ltd. v. Colton Real Estate Grp.
213 Cal.App.4th 959 (Cal. Ct. App. 2013) Cited 138 timesIn Acquire II, a panel of this court concluded insufficient evidence supported the trial court's findings that the claims of those plaintiffs who had agreed to arbitration and the claims of those plaintiffs who had not agreed to arbitration arose out of the same transaction or series of transactions.
Lewis v. Fletcher Jones Motor Cars, Inc.
205 Cal.App.4th 436 (Cal. Ct. App. 2012) Cited 130 timesHolding defendant waived the right to compel arbitration by seeking multiple merits rulings from the court
Marlin v. Aimco Venezia, LLC
154 Cal.App.4th 154 (Cal. Ct. App. 2007) Cited 129 times 1 Legal AnalysesHolding that the anti-SLAPP statute did not apply to a prayer for injunctive relief
Laswell v. Ag Seal Beach, LLC
189 Cal.App.4th 1399 (Cal. Ct. App. 2010) Cited 97 timesIn Laswell v. AG Seal Beach, LLC (2010) 189 Cal.App.4th 1399, the court of appeal rejected the argument Batlle advances, noting numerous cases that found claims of elder abuse or neglect arbitrable.
Selby Realty Co. v. City of San Buenaventura
10 Cal.3d 110 (Cal. 1973) Cited 252 timesHolding that no actual controversy existed between property owner and county where general plan showed streets running through owner's property because plan could not be read to constitute "present concrete indication that the county either intends to use [the owner's] property for the proposed streets or that it intends to acquire the property by condemnation"
Mission Viejo Emergency Med. Assoc. v. Beta Healthcare Grp.
197 Cal.App.4th 1146 (Cal. Ct. App. 2011) Cited 80 timesNoting 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'"
Mission Beverage Co. v. Pabst Brewing Co.
15 Cal.App.5th 686 (Cal. Ct. App. 2017) Cited 65 times 2 Legal AnalysesRecognizing availability of the recovery of nominal damages to satisfy a plaintiffs' burden to establish a probability of prevailing on anti-SLAPP challenge to a breach of contract claim
Wellpoint Health Networks, Inc. v. Superior Court
59 Cal.App.4th 110 (Cal. Ct. App. 1997) Cited 107 times 5 Legal AnalysesIn Wellpoint the court was presented with a hostile work environment claim, which requires a plaintiff to establish the existence of respondeat superior, i.e., that plaintiff must prove "that management-level employees had actual or constructive knowledge about the existence of a... hostile environment and failed to take prompt and adequate remedial action."
Environmental Defense Project of Sierra County v. County of Sierra
158 Cal.App.4th 877 (Cal. Ct. App. 2008) Cited 72 times 2 Legal AnalysesIn Environmental Defense Project, a plaintiff's representative attended the board of supervisors' meeting (and the planning commission's meeting) and voiced concern about being largely denied an opportunity to review the planning commission's proposed changes.
Section 1281.2 - Grounds for not ordering parties to arbitrate controversy
Cal. Code Civ. Proc. § 1281.2 Cited 1,411 times 7 Legal AnalysesStating that an order compelling arbitration “may not be refused on the ground that the petitioner's contentions lack substantive merit”
Section 1281.4 - Stay of action or proceeding until arbitration had in accordance with order or issue to arbitrate determined
Cal. Code Civ. Proc. § 1281.4 Cited 254 times 11 Legal AnalysesMandating stay "until an arbitration is had" when a portion of a lawsuit is sent to arbitration