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Reply_to_opposition_to_the_petition_to_compel_arbitration

Reply

21 Cited authorities

  1. Dean Witter Reynolds Inc. v. Byrd

    470 U.S. 213 (1985)   Cited 3,431 times   21 Legal Analyses
    Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court

  2. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,835 times   46 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable

  3. In re Jesusa V

    32 Cal.4th 588 (Cal. 2004)   Cited 482 times
    Holding that Cal. Fam. Code § 7540's conclusive presumption "is not really a presumption at all but instead is a rule of substantive law," as contrasted with Cal. Fam. Code § 7611's rebuttable presumptions

  4. In re Aguilar

    32 Cal.4th 974 (Cal. 2004)   Cited 239 times
    Rejecting application of judicial estoppel where the plaintiff's "dual positions" were "not 'totally inconsistent' "

  5. Abramson v. Juniper Networks, Inc.

    115 Cal.App.4th 638 (Cal. Ct. App. 2004)   Cited 232 times
    Holding that where an adhesive contract is oppressive, surprise need not be shown

  6. Armijo v. Prudential Ins. Co. of America

    72 F.3d 793 (10th Cir. 1995)   Cited 157 times
    Holding that dismissal as a result of order to compel arbitration presents an appealable final decision

  7. Fuller v. Tucker

    84 Cal.App.4th 1163 (Cal. Ct. App. 2000)   Cited 93 times   1 Legal Analyses
    Reversing order denying Doe amendment naming an anesthesiologist in a medical malpractice case; "[i]n order for Dr. Tucker to successfully argue that the Doe amendment was untimely, he had to prove that even if Fuller knew his identity, Fuller also knew facts giving rise to a cause of action against Dr. Tucker"

  8. Schatz v. Allen Matkins Leck Gamble & Mallory LLP

    45 Cal.4th 557 (Cal. 2009)   Cited 64 times   1 Legal Analyses
    Distinguishing between MFAA arbitration and private arbitration on these factors

  9. Cione v. Foresters Equity Services, Inc.

    58 Cal.App.4th 625 (Cal. Ct. App. 1997)   Cited 80 times
    Holding that arbitration should be ordered unless it may be said with positive assurance that arbitration clause is not susceptible of interpretation that covers asserted dispute—mere ambiguity, without more, will not act to bar arbitration

  10. Ponte v. Cnty. of Calaveras

    14 Cal.App.5th 551 (Cal. Ct. App. 2017)   Cited 16 times

    C079180 07-17-2017 Dennis PONTE, Plaintiff and Appellant, v. COUNTY OF CALAVERAS, Defendant and Respondent. Law Offices of Kenneth M. Foley and Kenneth M. Foley, San Andreas, for Plaintiff and Appellant. Caulfield Law Firm and Andrew T. Caulfield, California, for Defendant and Respondent. Duarte, J. Law Offices of Kenneth M. Foley and Kenneth M. Foley, San Andreas, for Plaintiff and Appellant. Caulfield Law Firm and Andrew T. Caulfield, California, for Defendant and Respondent. Duarte, J.Plaintiff

  11. Section 1636 - Mutual intention of parties

    Cal. Civ. Code § 1636   Cited 1,855 times   1 Legal Analyses
    Interpreting contract to give effect to mutual intention of the parties

  12. 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”

  13. Section 1638 - Language governs interpretation

    Cal. Civ. Code § 1638   Cited 1,394 times
    Governing interpretation of contracts

  14. Section 1643 - Lawful, operative, definite, reasonable and capable of being carried into effect

    Cal. Civ. Code § 1643   Cited 500 times   1 Legal Analyses
    Instructing courts to adopt a "lawful" contract interpretation that is "capable of being carried into effect" when possible

  15. Section 6200 - Arbitration or mediation of disputes concerning fees, costs, or both

    Cal. Bus. & Prof. Code § 6200   Cited 105 times

    (a) The board of trustees shall, by rule, establish, maintain, and administer a system and procedure for the arbitration, and may establish, maintain, and administer a system and procedure for mediation of disputes concerning fees, costs, or both, charged for professional services by licensees of the State Bar or by members of the bar of other jurisdictions. The rules may include provision for a filing fee in the amount as the board may, from time to time, determine. (b) This article shall not apply