25 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,398 times   592 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"
  2. Stolt-Nielsen S.A. v. Animalfeeds Intr.

    559 U.S. 662 (2010)   Cited 1,544 times   210 Legal Analyses
    Holding that a prudential ripeness argument was waived
  3. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,631 times   43 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable
  4. Lamps Plus, Inc. v. Varela

    139 S. Ct. 1407 (2019)   Cited 182 times   51 Legal Analyses
    Holding that the FAA precluded a court from applying California's contra proferentem doctrine to construe ambiguity in an arbitration agreement as to the availability of class arbitration against its drafter; stating "an equal treatment principle cannot save from preemption general rules that target arbitration either by name or by more subtle methods, such as by 'interfer[ing] with fundamental attributes of arbitration'"
  5. Engalla v. Permanente Med. Grp., Inc.

    15 Cal.4th 951 (Cal. 1997)   Cited 1,087 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
  6. KPMG LLP v. Cocchi

    565 U.S. 18 (2011)   Cited 194 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”
  7. Pinnacle Museum Tower Association v. Pinnacle Market Development (Us), LLC

    55 Cal.4th 223 (Cal. 2012)   Cited 508 times   2 Legal Analyses
    Holding that an arbitration clause in CC&Rs was binding on the homeowners' association, even though the association did not exist as an independent entity when the CC&Rs were drafted and recorded
  8. Three Valleys Mun. Water Dist v. E. F. Hutton

    925 F.2d 1136 (9th Cir. 1991)   Cited 364 times
    Holding that only a court can decide the threshold issue of the existence of an agreement to arbitrate
  9. Complaint of Hornbeck Offshore

    981 F.2d 752 (5th Cir. 1993)   Cited 187 times
    Holding that once it is determined that the dispute is subject to an arbitration agreement, then a stay of proceedings is mandatory pursuant to the FAA
  10. TRB Investments, Inc. v. Fireman's Fund Ins. Co.

    40 Cal.4th 19 (Cal. 2006)   Cited 118 times   2 Legal Analyses
    Finding ambiguous a contract that is "capable of two or more constructions, both of which are reasonable"
  11. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 11,452 times   198 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself
  12. Section 3 - Stay of proceedings where issue therein referable to arbitration

    9 U.S.C. § 3   Cited 6,732 times   20 Legal Analyses
    Providing for a stay of judicial proceedings on "issue referable to arbitration"
  13. Section 930 - Time periods strictly construed; motion to stay until claimant satisfies requirement of chapter

    Cal. Civ. Code § 930   Cited 20 times

    (a) The time periods and all other requirements in this chapter are to be strictly construed, and, unless extended by the mutual agreement of the parties in accordance with this chapter, shall govern the rights and obligations under this title. If a builder fails to act in accordance with this section within the timeframes mandated, unless extended by the mutual agreement of the parties as evidenced by a postclaim written confirmation by the affected homeowner demonstrating that he or she has knowingly