Engalla v. Permanente Med. Grp., Inc.
15 Cal.4th 951 (Cal. 1997) Cited 1,087 timesHolding 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 508 times 2 Legal AnalysesHolding 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 708 times 3 Legal AnalysesHolding 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 283 times 1 Legal AnalysesIn Smith, our Supreme Court explained that "substitute counsel should be appointed when, and only when, necessary under the Marsden standard, that is whenever, in the exercise of its discretion, the court finds that the defendant has shown that a failure to replace the appointed attorney would substantially impair the right to assistance of counsel [citation], or, stated slightly differently, if the record shows that the first appointed attorney is not providing adequate representation or that the defendant and the attorney have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result [citation]."
Banner Entm't, Inc. v. Superior Court
62 Cal.App.4th 348 (Cal. Ct. App. 1998) Cited 184 times 2 Legal AnalysesStating fact that formal written agreement had yet to be signed did not alter binding validity of oral agreement
Toal v. Tardif
178 Cal.App.4th 1208 (Cal. Ct. App. 2009) Cited 132 timesIn Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1223, the Fourth District Court of Appeal remanded the question of whether a group of defendants consented to arbitration after finding that the court did not make any findings of fact on that central issue, relying instead on an insufficient arbitration agreement which, although signed by the defendants' attorney, may not have been ratified by the defendants.
Ruiz v. Moss Bros. Auto Group, Inc.
232 Cal.App.4th 836 (Cal. Ct. App. 2014) Cited 103 times 8 Legal AnalysesFinding insufficient declarant's "only offer[ing] her unsupported assertion that [plaintiff] was the person who electronically signed the 2011 agreement"
People v. Valdez
201 Cal.App.4th 1429 (Cal. Ct. App. 2011) Cited 103 times 1 Legal AnalysesHolding 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 99 timesWriting 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 78 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'"
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 6,034 times 32 Legal AnalysesGranting 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 1,337 times 7 Legal AnalysesStating that an order compelling arbitration “may not be refused on the ground that the petitioner's contentions lack substantive merit”