10 Cited authorities

Engalla v. Permanente Med. Grp., Inc.
15 Cal.4th 951 (Cal. 1997) Cited 1,236 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
Mission Viejo Emergency Med. Assoc. v. Beta Healthcare Grp.
197 Cal.App.4th 1146 (Cal. Ct. App. 2011) Cited 83 times
Noting that under the holding in Concepcion the "[g]eneral state law doctrine pertaining to unconscionability is preserved unless it involves a defense that applies 'only to arbitration or that derive[its] meaning from the fact that an agreement to arbitrate is at issue'"
Ericksen, Arbuthnot, McCarthy, Kearney v. 100 Oak St.
35 Cal.3d 312 (Cal. 1983) Cited 179 times
Adopting the majority rule as set forth in Prima Paint
Ramos v. Superior Court
28 Cal.App.5th 1042 (Cal. Ct. App. 2018) Cited 56 times 1 Legal Analyses
Addressing employment discrimination action
Boys Club of San Fernando Valley, Inc. v. Fidelity & Deposit Co.
6 Cal.App.4th 1266 (Cal. Ct. App. 1992) Cited 94 times
Holding that an arbitration clause in contract incorporated into performance bond and thus required arbitration all of the surety's defenses, whether arising under the contract or the bond
Fittante v. Palm Springs Motors, Inc.
105 Cal.App.4th 708 (Cal. Ct. App. 2003) Cited 59 times
Referring to section 970 claim as a rule "against fraud and abuse by unscrupulous employers"
Hayes Children Leasing Co. v. NCR Corp.
37 Cal.App.4th 775 (Cal. Ct. App. 1995) Cited 26 times
Holding that the question of third-party beneficiaries to a contract involves questions of fact and thus cannot be raised for the first time on appeal
In re Marriage of Dunmore
83 Cal.App.4th 1 (Cal. Ct. App. 2000) Cited 17 times
Upholding trial court's finding that a father was still required to pay child support because there was no finding under § 7803 that parental rights had been terminated, despite prior adoption proceedings finding that the father had abandoned the child under § 8604
Hyundai Amco America, Inc. v. S3H, Inc.
232 Cal.App.4th 572 (Cal. Ct. App. 2014) Cited 3 times
In Hyundai, the plaintiff, a general contractor, sued a subcontractor for breaching a services agreement providing that disputes would be subject to arbitration.
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 274 times 11 Legal Analyses
Mandating stay "until an arbitration is had" when a portion of a lawsuit is sent to arbitration

memorandum of points and authorities in support of swinerton builders

10 Cited authorities

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

Noting that under the holding in Concepcion the "[g]eneral state law doctrine pertaining to unconscionability is preserved unless it involves a defense that applies 'only to arbitration or that derive[its] meaning from the fact that an agreement to arbitrate is at issue'"

Adopting the majority rule as set forth in Prima Paint

Addressing employment discrimination action

Holding that an arbitration clause in contract incorporated into performance bond and thus required arbitration all of the surety's defenses, whether arising under the contract or the bond

Referring to section 970 claim as a rule "against fraud and abuse by unscrupulous employers"

Holding that the question of third-party beneficiaries to a contract involves questions of fact and thus cannot be raised for the first time on appeal

Upholding trial court's finding that a father was still required to pay child support because there was no finding under § 7803 that parental rights had been terminated, despite prior adoption proceedings finding that the father had abandoned the child under § 8604

In Hyundai, the plaintiff, a general contractor, sued a subcontractor for breaching a services agreement providing that disputes would be subject to arbitration.

Mandating stay "until an arbitration is had" when a portion of a lawsuit is sent to arbitration