17 Cited authorities

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
Pinnacle Museum Tower Association v. Pinnacle Market Development (Us), LLC
55 Cal.4th 223 (Cal. 2012) Cited 640 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
Rosenthal v. Great W. Fin. Secs. Corp.
14 Cal.4th 394 (Cal. 1996) Cited 795 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"
People v. Goldsmith
59 Cal.4th 258 (Cal. 2014) Cited 316 times 1 Legal Analyses
In People v. Goldsmith (2014) 59 Cal.4th 258, 269 (Goldsmith), our Supreme Court considered and rejected this argument with respect to images captured by traffic cameras at red lights and automatically imprinted with date, time, and location information, concluding that “[b]ecause the computer controlling the ATES digital camera automatically generates and imprints data information on the photographic image, there is similarly no statement being made by a person regarding the data information so recorded.
Ruiz v. Moss Bros. Auto Group, Inc.
232 Cal.App.4th 836 (Cal. Ct. App. 2014) Cited 138 times 8 Legal Analyses
Finding insufficient declarant's "only offer[ing] her unsupported assertion that [plaintiff] was the person who electronically signed the 2011 agreement"
Toal v. Tardif
178 Cal.App.4th 1208 (Cal. Ct. App. 2009) Cited 151 times
In Toal, the appellants argued that the trial court erred by confirming an arbitration award in the respondents' favor because they never agreed to resolve the underlying dispute in arbitration, and had raised the issue regarding their lack of consent numerous times in the trial court proceedings.
Banner Entm't, Inc. v. Superior Court
62 Cal.App.4th 348 (Cal. Ct. App. 1998) Cited 200 times 2 Legal Analyses
Concluding mandatory means of assenting established by two sentences: "'Until such time, if ever, as such more formal agreement i . . . concluded, this agreement when signed by the parties hereto will constitute a legal and binding obligation of the parties. Please acknowledge your approval of the foregoing terms by signing a copy of this letter in the space indicated below'"
People v. Valdez
201 Cal.App.4th 1429 (Cal. Ct. App. 2011) Cited 110 times 1 Legal Analyses
Holding that a MySpace social media page was sufficiently authenticated as defendant's page based on its contents and circumstantial evidence
People v. Skiles
51 Cal.4th 1178 (Cal. 2011) Cited 108 times
Writing can be authenticated by its contents
Mission Viejo Emergency Med. Assoc. v. Beta Healthcare Grp.
197 Cal.App.4th 1146 (Cal. Ct. App. 2011) Cited 82 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'"
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 6,520 times 33 Legal Analyses
Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists
Section 1281.2 - Grounds for not ordering parties to arbitrate controversy
Cal. Code Civ. Proc. § 1281.2 Cited 1,439 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”

Michelle Wallace vs. Advantage Sales & Marketing, LLC

17 Cited authorities

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 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

Holding fraud in the inducement "occurs when the promisor knows what he is signing but his consent is induced by fraud"

Finding insufficient declarant's "only offer[ing] her unsupported assertion that [plaintiff] was the person who electronically signed the 2011 agreement"

In Toal, the appellants argued that the trial court erred by confirming an arbitration award in the respondents' favor because they never agreed to resolve the underlying dispute in arbitration, and had raised the issue regarding their lack of consent numerous times in the trial court proceedings.

Holding that a MySpace social media page was sufficiently authenticated as defendant's page based on its contents and circumstantial evidence

Writing can be authenticated by its contents

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'"

Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists

Stating that an order compelling arbitration “may not be refused on the ground that the petitioner's contentions lack substantive merit”