13 Cited authorities

Armendariz v. Foundation Health Psychcare Services, Inc.
24 Cal.4th 83 (Cal. 2000) Cited 1,807 times 46 Legal Analyses
Holding unilateral arbitration provision substantively unconscionable
Goldman v. KPMG LLP
173 Cal.App.4th 209 (Cal. Ct. App. 2009) Cited 180 times 1 Legal Analyses
Holding that plaintiff signatories were not equitably estopped from refusing to arbitrate under the terms of an agreement because their "allegations depend solely on the actions of [defendant nonsignatories], not on the terms of the operating agreements, for their success."
Ferguson v. Countrywide Credit Indus., Inc.
298 F.3d 778 (9th Cir. 2002) Cited 191 times 2 Legal Analyses
Holding that a stand-alone arbitration agreement signed by an employee was procedurally unconscionable
Parada v. Superior Court (Monex Deposit Co.)
176 Cal.App.4th 1554 (Cal. Ct. App. 2009) Cited 152 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"
Graham v. Scissor-Tail, Inc.
28 Cal.3d 807 (Cal. 1981) Cited 297 times
Finding procedural unconscionability where successful and prominent music producer Bill Graham was required by the "realities of his business as a concert promoter to sign [union] form contracts"
Rowe v. Exline
153 Cal.App.4th 1276 (Cal. Ct. App. 2007) Cited 135 times
Holding nonsignatories entitled to compel signatory to arbitrate under equitable estoppel when signatory’s claims are inherently inseparable from or intertwined with arbitrable claims
Metalclad Corp. v. Ventana Environmental Organizational Partnership
109 Cal.App.4th 1705 (Cal. Ct. App. 2003) Cited 149 times 1 Legal Analyses
Recognizing the rule that an " 'estoppel precludes a party from asserting rights "he otherwise would have had against another" when his own conduct renders assertion of those rights contrary to equity' "
Crowley Mar. Corp. v. Bos. Old Colony Ins. Co.
158 Cal.App.4th 1061 (Cal. Ct. App. 2008) Cited 74 times
In Crowley Maritime Corp. v. Boston Old Colony Ins. Co., supra, 158 Cal.App.4th at page 1070, the appellate court stated: "The preexisting relationship [exception] generally gives the party to the agreement authority to bind the nonsignatory.
Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc.
232 Cal.App.4th 1332 (Cal. Ct. App. 2015) Cited 57 times
Holding that contractual provision was a penalty based on factfinding that merchant anticipated no damages from breach with no mention of third-party liability
Turtle Ridge Media Group, Inc. v. Pacific Bell Directory
140 Cal.App.4th 828 (Cal. Ct. App. 2006) Cited 44 times
Reversing order denying petition to compel arbitration, where plaintiffs claims were "intertwined" with contract containing arbitration provision

Opposition

13 Cited authorities

Holding unilateral arbitration provision substantively unconscionable

Holding that plaintiff signatories were not equitably estopped from refusing to arbitrate under the terms of an agreement because their "allegations depend solely on the actions of [defendant nonsignatories], not on the terms of the operating agreements, for their success."

Holding that a stand-alone arbitration agreement signed by an employee was procedurally unconscionable

Finding procedural unconscionability where successful and prominent music producer Bill Graham was required by the "realities of his business as a concert promoter to sign [union] form contracts"

Holding nonsignatories entitled to compel signatory to arbitrate under equitable estoppel when signatory’s claims are inherently inseparable from or intertwined with arbitrable claims

Recognizing the rule that an " 'estoppel precludes a party from asserting rights "he otherwise would have had against another" when his own conduct renders assertion of those rights contrary to equity' "

In Crowley Maritime Corp. v. Boston Old Colony Ins. Co., supra, 158 Cal.App.4th at page 1070, the appellate court stated: "The preexisting relationship [exception] generally gives the party to the agreement authority to bind the nonsignatory.

Holding that contractual provision was a penalty based on factfinding that merchant anticipated no damages from breach with no mention of third-party liability

Reversing order denying petition to compel arbitration, where plaintiffs claims were "intertwined" with contract containing arbitration provision