15 Cited authorities

Armendariz v. Foundation Health Psychcare Services, Inc.
24 Cal.4th 83 (Cal. 2000) Cited 1,792 times 46 Legal Analyses
Holding unilateral arbitration provision substantively unconscionable
Engalla v. Permanente Med. Grp., Inc.
15 Cal.4th 951 (Cal. 1997) Cited 1,198 times
Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver
Sanchez v. Valencia Holding Co., LLC
61 Cal.4th 899 (Cal. 2015) Cited 346 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
Serpa v. California Surety Investigations, Inc.
215 Cal.App.4th 695 (Cal. Ct. App. 2013) Cited 194 times 2 Legal Analyses
Holding that an employer is required to give “reasonable and fair notice” when modifying terms of employment
Abramson v. Juniper Networks, Inc.
115 Cal.App.4th 638 (Cal. Ct. App. 2004) Cited 227 times
Holding that where an adhesive contract is oppressive, surprise need not be shown
Carbajal v. CWPSC, Inc.
245 Cal.App.4th 227 (Cal. Ct. App. 2016) Cited 128 times 1 Legal Analyses
In Carbajal, the plaintiff was asked to sign the arbitration agreement during her employment interview with the defendant employer, and the defendant had failed even to “identify[] which of [the arbitration provider's] nearly 100 different sets of active rules [would] apply.
Esparza v. Sand & Sea, Inc.
2 Cal.App.5th 781 (Cal. Ct. App. 2016) Cited 64 times 1 Legal Analyses
In Esparza, the plaintiff was given an employee handbook on her first day of work and signed a form acknowledging that she received that handbook and was expected to read it within one week.
Mitri v. Arnel Management Co.
157 Cal.App.4th 1164 (Cal. Ct. App. 2007) Cited 79 times 1 Legal Analyses
Holding acknowledgment of handbook containing arbitration provision insufficient to establish arbitration agreement where handbook stated that employees were required to sign arbitration agreement and would be provided a copy of their signed arbitration agreement
Grey v. American Management Services
204 Cal.App.4th 803 (Cal. Ct. App. 2012) Cited 45 times
Holding that an employment contract superseded an employment application arbitration clause where employment contract contained a new arbitration clause and integration clause
McCaffrey Grp., Inc. v. Superior Court
224 Cal.App.4th 1330 (Cal. Ct. App. 2014) Cited 29 times
F066080 03-24-2014 The MCCAFFREY GROUP, INC., Petitioner, v. SUPERIOR COURT of California, County of Fresno, Respondent, Jesus Cital, et al., Real Parties in Interest. Jackson, DeMarco, Tidus & Peckenpaugh, Edward A. Galloway and Paige H. Gosney, Irvine, for Petitioner. No appearance for Respondent. Milstein Adelman, Fred M. Adelman, Santa Monica, Mayo L. Makarczyk, Pasadena, and Jonathan P. Staffeldt, Santa Monica, for Real Parties in Interest. Gomes, J. Jackson, DeMarco, Tidus & Peckenpaugh, Edward
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,753 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 1280 - Definitions
Cal. Code Civ. Proc. § 1280 Cited 810 times 2 Legal Analyses
Defining drafting party
Section 1011 - Manner of service
Cal. Code Civ. Proc. § 1011 Cited 80 times
Authorizing personal service on an attorney
Section 1013 - Requirements for service by mail
Cal. Code Civ. Proc. § 1013 Cited 74 times
(a) In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service by mail; otherwise at that party's place of residence.
Section 1010.6 - Electronic service of document
Cal. Code Civ. Proc. § 1010.6 Cited 39 times
Authorizing trial courts to adopt local rules permitting electronic filing of documents

Stephen Ball vs. Cig Financial, LLC

15 Cited authorities

Holding unilateral arbitration provision substantively unconscionable

Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver

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 an employer is required to give “reasonable and fair notice” when modifying terms of employment

Holding that where an adhesive contract is oppressive, surprise need not be shown

In Carbajal, the plaintiff was asked to sign the arbitration agreement during her employment interview with the defendant employer, and the defendant had failed even to “identify[] which of [the arbitration provider's] nearly 100 different sets of active rules [would] apply.

In Esparza, the plaintiff was given an employee handbook on her first day of work and signed a form acknowledging that she received that handbook and was expected to read it within one week.

Holding acknowledgment of handbook containing arbitration provision insufficient to establish arbitration agreement where handbook stated that employees were required to sign arbitration agreement and would be provided a copy of their signed arbitration agreement

Holding that an employment contract superseded an employment application arbitration clause where employment contract contained a new arbitration clause and integration clause

Allowing service by filing papers with the court's electronic-filing system

Defining drafting party

Authorizing personal service on an attorney

Authorizing trial courts to adopt local rules permitting electronic filing of documents