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defendants reply to opposition to motion to compel arbitration

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20 Cited authorities

  1. Pinnacle Museum Tower Association v. Pinnacle Market Development (Us), LLC

    55 Cal.4th 223 (Cal. 2012)   Cited 640 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

  2. Rosenthal v. Great W. Fin. Secs. Corp.

    14 Cal.4th 394 (Cal. 1996)   Cited 795 times   3 Legal Analyses
    Holding fraud in the inducement "occurs when the promisor knows what he is signing but his consent is induced by fraud"

  3. Baltazar v. Forever 21, Inc.

    62 Cal.4th 1237 (Cal. 2016)   Cited 258 times   2 Legal Analyses
    Holding that carve-outs for provisional injunctive relief such as this merely confirm rights available under California statutes and are therefore not unconscionable, and disapproving Trivedi to the extent inconsistent.

  4. Poublon v. C.H. Robinson Co.

    846 F.3d 1251 (9th Cir. 2017)   Cited 225 times   2 Legal Analyses
    Holding that a federal trial court is bound by a state appellate court's decision unless there is " ‘persuasive data’ that the California Supreme Court would reach a different conclusion"

  5. 24 Hour Fitness, Inc. v. Superior Court

    66 Cal.App.4th 1199 (Cal. Ct. App. 1998)   Cited 222 times   2 Legal Analyses
    Holding that arbitration agreement is not unconscionable absent a showing that it was "unduly harsh, oppressive or one-sided"

  6. Metalclad Corp. v. Ventana Environmental Organizational Partnership

    109 Cal.App.4th 1705 (Cal. Ct. App. 2003)   Cited 148 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' "

  7. Boucher v. Alliance Title Co., Inc.

    127 Cal.App.4th 262 (Cal. Ct. App. 2005)   Cited 139 times   1 Legal Analyses
    Holding that a parent company can enforce a subsidiary's arbitration agreement where "a plaintiff has an arbitration agreement with a subsidiary corporation; the plaintiff sues the parent corporation; and the plaintiff's claims against the parent company are based on the same facts and are inherently inseparable"

  8. Brookwood v. Bank of America

    45 Cal.App.4th 1667 (Cal. Ct. App. 1996)   Cited 170 times   1 Legal Analyses
    Holding the employee was “bound by the provisions of the [arbitration] agreement regardless of whether [she] read it or [was] aware of the arbitration clause when [she] signed the document”

  9. Espejo v. S. Cal. Permanente Med. Grp.

    246 Cal.App.4th 1047 (Cal. Ct. App. 2016)   Cited 83 times   1 Legal Analyses
    Finding sufficient authentication where the defendant "detailed [the defendant's] security precautions regarding transmission and use of an applicant's unique user name and password, as well as the steps an applicant would have to take to place his or her name on the signature line of the employment agreement"

  10. Westra v. Marcus & Millichap Real Estate Inv. Brokerage Co.

    129 Cal.App.4th 759 (Cal. Ct. App. 2005)   Cited 111 times
    Providing that " nonsignatory to an agreement may be required to arbitrate . . . if a preexisting confidential relationship, such as an agency relationship between the nonsignatory and one of the parties to the arbitration agreement, makes it equitable to impose the duty to arbitrate upon the nonsignatory"

  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system