53 Cited authorities

  1. Rent-A-Ctr. v. Jackson

    561 U.S. 63 (2010)   Cited 2,484 times   61 Legal Analyses
    Holding that "an arbitration provision is severable from the remainder of the contract," even where the contract containing the arbitration provision is itself an arbitration agreement (quoting Buckeye , 546 U.S. at 445, 126 S.Ct. 1204 )
  2. Gilmer v. Interstate/Johnson Lane Corp.

    500 U.S. 20 (1991)   Cited 2,985 times   59 Legal Analyses
    Holding that a claim arising under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq. (1994 ed.), may be subject to compulsory arbitration
  3. EPIC Sys. Corp. v. Lewis

    138 S. Ct. 1612 (2018)   Cited 874 times   169 Legal Analyses
    Holding that, under Concepcion , "courts may not allow a contract defense to reshape traditional individualized arbitration" and "a rule seeking to declare individualized arbitration proceedings off limits" is preempted by the FAA
  4. Dean Witter Reynolds Inc. v. Byrd

    470 U.S. 213 (1985)   Cited 3,255 times   20 Legal Analyses
    Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court
  5. 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
  6. Chiron Corp. v. Ortho Diagnostic Sys.

    207 F.3d 1126 (9th Cir. 2000)   Cited 1,164 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
  7. Engalla v. Permanente Med. Grp., Inc.

    15 Cal.4th 951 (Cal. 1997)   Cited 1,145 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
  8. KPMG LLP v. Cocchi

    565 U.S. 18 (2011)   Cited 211 times   5 Legal Analyses
    Holding that the FAA has been “interpreted to require that if a dispute presents multiple claims, some arbitrable and some not, the former must be sent to arbitration even if this will lead to piecemeal litigation”
  9. Moncharsh v. Heily Blase

    3 Cal.4th 1 (Cal. 1992)   Cited 1,045 times   12 Legal Analyses
    Holding that "a party [who] is claiming the entire contract is illegal, or the arbitration agreement itself is illegal" must "raise the illegality question prior to participating in the arbitration process"
  10. Brennan v. Opus Bank, Corp.

    796 F.3d 1125 (9th Cir. 2015)   Cited 448 times   4 Legal Analyses
    Holding that the plaintiff's unconscionability claim was for the arbitrator to decide because the plaintiff "failed to make any arguments specific to the delegation provision and instead argued that the [arbitration provision] as a whole [was] unconscionable"
  11. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 11,608 times   199 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 10,596 times   115 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 6,843 times   20 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 6,135 times   32 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists
  15. Section 1717 - Contract providing for award of attorney's fees and costs incurred in enforcing contract

    Cal. Civ. Code § 1717   Cited 2,958 times   17 Legal Analyses
    Allowing an award of attorney's fees where the contract specifically provides for attorney's fees that are incurred to enforce that contract
  16. Section 1280 - Definitions

    Cal. Code Civ. Proc. § 1280   Cited 765 times   2 Legal Analyses
    Defining drafting party
  17. Section 1670.5 - Contract or clause unconscionable

    Cal. Civ. Code § 1670.5   Cited 746 times   3 Legal Analyses
    Adopting UCC section 2-302 and making it generally applicable to all contracts
  18. 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 243 times   11 Legal Analyses
    Mandating stay "until an arbitration is had" when a portion of a lawsuit is sent to arbitration
  19. Section 1589 - Voluntary acceptance of benefit of transaction

    Cal. Civ. Code § 1589   Cited 206 times   1 Legal Analyses

    A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known, or ought to be known, to the person accepting. Ca. Civ. Code § 1589 Enacted 1872.

  20. Section 10 - Holidays within meaning of code

    Cal. Code Civ. Proc. § 10   Cited 133 times

    Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135. Ca. Civ. Proc. Code § 10 Amended by Stats 2001 ch 542 (SB 1112), s 1, eff. 1/1/2002.