13 Cited authorities

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

    24 Cal.4th 83 (Cal. 2000)   Cited 1,707 times   44 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable
  2. Goldman v. KPMG LLP

    173 Cal.App.4th 209 (Cal. Ct. App. 2009)   Cited 164 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."
  3. Ferguson v. Countrywide Credit Indus., Inc.

    298 F.3d 778 (9th Cir. 2002)   Cited 177 times   2 Legal Analyses
    Holding that a stand-alone arbitration agreement signed by an employee was procedurally unconscionable
  4. Parada v. Superior Court (Monex Deposit Co.)

    176 Cal.App.4th 1554 (Cal. Ct. App. 2009)   Cited 141 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"
  5. Graham v. Scissor-Tail, Inc.

    28 Cal.3d 807 (Cal. 1981)   Cited 294 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"
  6. Rowe v. Exline

    153 Cal.App.4th 1276 (Cal. Ct. App. 2007)   Cited 130 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
  7. Metalclad Corp. v. Ventana Environmental Organizational Partnership

    109 Cal.App.4th 1705 (Cal. Ct. App. 2003)   Cited 138 times
    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' "
  8. Crowley Mar. Corp. v. Bos. Old Colony Ins. Co.

    158 Cal.App.4th 1061 (Cal. Ct. App. 2008)   Cited 72 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.
  9. Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc.

    232 Cal.App.4th 1332 (Cal. Ct. App. 2015)   Cited 45 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
  10. Turtle Ridge Media Group, Inc. v. Pacific Bell Directory

    140 Cal.App.4th 828 (Cal. Ct. App. 2006)   Cited 42 times
    Reversing order denying petition to compel arbitration, where plaintiffs claims were "intertwined" with contract containing arbitration provision