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Hernani Prado vs. First American Trust, F.S.B.

Motion to Compel Arbitration

18 Cited authorities

  1. Perry v. Thomas

    482 U.S. 483 (1987)   Cited 1,355 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

  2. Chiron Corp. v. Ortho Diagnostic Sys.

    207 F.3d 1126 (9th Cir. 2000)   Cited 1,278 times   1 Legal Analyses
    Holding that "district court correctly found that the federal law of arbitrability under the FAA governs the allocation of authority between courts and arbitrators" despite arbitration agreement's choice-of-law provision

  3. Engalla v. Permanente Med. Grp., Inc.

    15 Cal.4th 951 (Cal. 1997)   Cited 1,217 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

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

    55 Cal.4th 223 (Cal. 2012)   Cited 667 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

  5. Rosenthal v. Great W. Fin. Secs. Corp.

    14 Cal.4th 394 (Cal. 1996)   Cited 808 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"

  6. 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

  7. Craig v. Brown Root Inc.

    84 Cal.App.4th 416 (Cal. Ct. App. 2000)   Cited 185 times   2 Legal Analyses
    Holding binding arbitration agreement when employer mailed documents to employee's home and they had not been returned despite employee's protestations that she had not received it

  8. Asmus v. Pacific Bell

    23 Cal.4th 1 (Cal. 2000)   Cited 161 times   4 Legal Analyses
    Finding a contract not illusory where "the promise was not optional with the employer and was fully enforceable until terminated or modified"

  9. Mission Viejo Emergency Med. Assoc. v. Beta Healthcare Grp.

    197 Cal.App.4th 1146 (Cal. Ct. App. 2011)   Cited 83 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'"

  10. Fire Fighters Union v. City of Vallejo

    12 Cal.3d 608 (Cal. 1974)   Cited 117 times   2 Legal Analyses
    In Fire Fighters Union v. City of Vallejo (1974) 12 Cal.3d 608, 116 Cal.Rptr. 507, 526 P.2d 971, we rejected a nondelegation challenge to a Vallejo city charter provision that permitted an arbitral board to resolve disputed terms of employment after considering " ‘all factors relevant to the issues from the standpoint of both the employer and the employee, including the City's financial condition.’ "

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

    9 U.S.C. § 1   Cited 12,261 times   211 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

  12. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 11,320 times   121 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  13. Section 3 - Stay of proceedings where issue therein referable to arbitration

    9 U.S.C. § 3   Cited 7,370 times   37 Legal Analyses
    Providing for a stay of judicial proceedings on "issue referable to arbitration"

  14. 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 6,657 times   33 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists

  15. Section 2510 - Definitions

    18 U.S.C. § 2510   Cited 4,318 times   80 Legal Analyses
    Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

  16. Section 1281.2 - Grounds for not ordering parties to arbitrate controversy

    Cal. Code Civ. Proc. § 1281.2   Cited 1,464 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”

  17. Section 1281 - Generally

    Cal. Code Civ. Proc. § 1281   Cited 528 times   5 Legal Analyses
    Explaining an arbitration agreement may only be invalidated upon the same "grounds as exist for the revocation of any contract"