§Why CasetextPricing

Marie Aguilera vs. Dhrma Bhakti, Inc.

Opposition

24 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,974 times   605 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  2. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,843 times   46 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable

  3. Pinnacle Museum Tower Association v. Pinnacle Market Development (Us), LLC

    55 Cal.4th 223 (Cal. 2012)   Cited 672 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

  4. Sanchez v. Valencia Holding Co., LLC

    61 Cal.4th 899 (Cal. 2015)   Cited 375 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

  5. Saint Agnes Medical Center v. PacifiCare of California

    31 Cal.4th 1187 (Cal. 2003)   Cited 493 times   3 Legal Analyses
    Holding the prejudice results from a party's expenditure on defending against motions that reflect a position on arbitrability

  6. Sonic-Calabasas A, Inc. v. Moreno

    57 Cal.4th 1109 (Cal. 2013)   Cited 336 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"

  7. Baltazar v. Forever 21, Inc.

    62 Cal.4th 1237 (Cal. 2016)   Cited 272 times   2 Legal Analyses
    Holding that carve-outs for provisional injunctive relief such as this merely confirm rights available under California statutes and are therefore not unconscionable, and disapproving Trivedi to the extent inconsistent.

  8. Mercuro v. Superior Court

    96 Cal.App.4th 167 (Cal. Ct. App. 2002)   Cited 268 times   1 Legal Analyses
    Holding arbitration provision substantively unconscionable where it "compel[ed] arbitration of the claims employees are more likely to bring"

  9. Hoover v. American Income Life Insurance Co.

    206 Cal.App.4th 1193 (Cal. Ct. App. 2012)   Cited 147 times   2 Legal Analyses
    Holding that "the rights accorded by [Labor Code] sections 203, 1194, and 2802 may not be subject to negotiation or waiver .... For an arbitration clause to operate for individual statutory claims, there must be a clear and unmistakable waiver of a judicial forum."

  10. Bruni v. Didion

    160 Cal.App.4th 1272 (Cal. Ct. App. 2008)   Cited 161 times   1 Legal Analyses
    Holding plaintiffs are not bound by Evid. Code, § 622 to a recital that they had read a sample copy of a warranty booklet"

  11. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 12,288 times   211 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

  12. Section 1008 - Motion to reconsider matter and modify, amend or revoke prior order

    Cal. Code Civ. Proc. § 1008   Cited 1,876 times   1 Legal Analyses
    Stating that an order denying a motion for reconsideration is not appealable