§Why CasetextPricing

Homestreet Bank vs. Wiebke Bultmann

Motion to Compel Arbitration

27 Cited authorities

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

    15 Cal.4th 951 (Cal. 1997)   Cited 1,167 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

  2. Sanchez v. Valencia Holding Co., LLC

    61 Cal.4th 899 (Cal. 2015)   Cited 324 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

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

    57 Cal.4th 1109 (Cal. 2013)   Cited 314 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"

  4. Baltazar v. Forever 21, Inc.

    62 Cal.4th 1237 (Cal. 2016)   Cited 238 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.

  5. Serpa v. California Surety Investigations, Inc.

    215 Cal.App.4th 695 (Cal. Ct. App. 2013)   Cited 182 times   2 Legal Analyses
    Holding that an employer is required to give “reasonable and fair notice” when modifying terms of employment

  6. Ajamian v. CantorCO2e, L.P.

    203 Cal.App.4th 771 (Cal. Ct. App. 2012)   Cited 187 times   1 Legal Analyses
    Finding that incorporation by reference fails the clear and unmistakable test in the employment context

  7. Fitz v. NCR Corp.

    118 Cal.App.4th 702 (Cal. Ct. App. 2004)   Cited 224 times   1 Legal Analyses
    Holding that an incorporated AAA discovery rule was deliberately hidden by a conflicting discovery provision in the arbitration agreement

  8. Serafin v. Balco Properties Ltd., LLC

    235 Cal.App.4th 165 (Cal. Ct. App. 2015)   Cited 151 times   1 Legal Analyses
    Holding employee's signature on employer's "mandatory arbitration policy" document sufficient to form agreement to arbitrate, even though employer did not sign document, where policy was set out in two-page, easy-to-read document

  9. Bruni v. Didion

    160 Cal.App.4th 1272 (Cal. Ct. App. 2008)   Cited 158 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"

  10. Parada v. Superior Court (Monex Deposit Co.)

    176 Cal.App.4th 1554 (Cal. Ct. App. 2009)   Cited 144 times
    Finding no clear and unmistakable delegation where the contract included a severability provision applicable "[i]n the event that any provision of this Agreement shall be determined by a trier of fact of competent jurisdiction to be unenforceable;" reasoning that this language suggested that "the trial court also may find a provision, including the arbitration provision, unenforceable"

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

    Cal. Code Civ. Proc. § 1281.2   Cited 1,408 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”

  12. Section 1281.4 - Stay of action or proceeding until arbitration had in accordance with order or issue to arbitrate determined

    Cal. Code Civ. Proc. § 1281.4   Cited 252 times   11 Legal Analyses
    Mandating stay "until an arbitration is had" when a portion of a lawsuit is sent to arbitration