36 Cited authorities

  1. Granite Rock Co. v. Int'l Bhd. of Teamsters

    561 U.S. 287 (2010)   Cited 1,341 times   13 Legal Analyses
    Holding that the court decides when union ratified, and thus became a party to, collective bargaining agreement containing arbitration clause
  2. Doctor's Assocs., Inc. v. Casarotto

    517 U.S. 681 (1996)   Cited 1,860 times   13 Legal Analyses
    Holding "that Montana's first-page notice requirement, which governs not ‘any contract,’ but specifically and solely contracts ‘subject to arbitration,’ conflicts with the FAA and is therefore displaced by the federal measure."
  3. Steelworkers v. Warrior Gulf Co.

    363 U.S. 574 (1960)   Cited 5,547 times   6 Legal Analyses
    Holding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”
  4. Perry v. Thomas

    482 U.S. 483 (1987)   Cited 1,331 times   14 Legal Analyses
    Holding that the FAA preempted a state statute permitting litigation of wage collection actions despite the existence of a private agreement to arbitrate
  5. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,744 times   45 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable
  6. Pinnacle Museum Tower Association v. Pinnacle Market Development (Us), LLC

    55 Cal.4th 223 (Cal. 2012)   Cited 605 times   2 Legal Analyses
    Holding that an arbitration clause in CC&Rs was binding on the homeowners' association, even though the association did not exist as an independent entity when the CC&Rs were drafted and recorded
  7. Rosenthal v. Great W. Fin. Secs. Corp.

    14 Cal.4th 394 (Cal. 1996)   Cited 772 times   3 Legal Analyses
    Holding fraud in the inducement "occurs when the promisor knows what he is signing but his consent is induced by fraud"
  8. Sanchez v. Valencia Holding Co., LLC

    61 Cal.4th 899 (Cal. 2015)   Cited 326 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
  9. Davis v. O'Melveny Myers

    485 F.3d 1066 (9th Cir. 2007)   Cited 208 times   2 Legal Analyses
    Holding that where an employee is facing an employer with overwhelming bargaining power that has drafted an arbitration clause, and presented it to the employee on a take-it-or-leave-it basis, the clause is procedurally unconscionable
  10. Flores v. Transamerica HomeFirst, Inc.

    93 Cal.App.4th 846 (Cal. Ct. App. 2001)   Cited 218 times
    Holding that generic arbitration clauses contained in loan agreement and deed of trust constituted a contract of adhesion because offered without opportunity for negotiation
  11. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 10,877 times   117 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"
  12. 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 6,338 times   33 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists
  13. Section 1281.2 - Grounds for not ordering parties to arbitrate controversy

    Cal. Code Civ. Proc. § 1281.2   Cited 1,411 times   7 Legal Analyses
    Stating that an order compelling arbitration “may not be refused on the ground that the petitioner's contentions lack substantive merit”
  14. Section 5975 - Covenants and restriction enforceable equitable servitudes

    Cal. Civ. Code § 5975   Cited 99 times
    Exceeding fees already paid
  15. Section 2791.8 - Dispute Resolution

    Cal. Code Regs. tit. 10 § 2791.8   Cited 4 times

    (a) A contractual provision setting forth terms, conditions and procedures for resolution of a dispute or claim between a homeowner and a subdivider, or a provision in the covenants, conditions and restrictions setting forth terms, conditions and procedures for resolution of a dispute of claim between a homeowners association and a subdivider shall, at a minimum, provide that the dispute or claim resolution process, proceeding, hearing or trial to be conducted in accordance with the following rules: