28 Cited authorities

  1. Steelworkers v. Warrior Gulf Co.

    363 U.S. 574 (1960)   Cited 5,545 times   6 Legal Analyses
    Holding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”
  2. Steelworkers v. Enterprise Corp.

    363 U.S. 593 (1960)   Cited 3,861 times   2 Legal Analyses
    Holding that a reviewing court should not refuse to enforce an arbitral award merely because it would read the collective bargaining agreement differently than the arbitrator
  3. Steelworkers v. Am. Mfg. Co.

    363 U.S. 564 (1960)   Cited 2,216 times   1 Legal Analyses
    Holding that because the parties bargained for the “arbitrator's judgment,” the underlying “question of contract interpretation” is for the arbitrator, and the courts have “no business weighing the merits of the grievance”
  4. Engalla v. Permanente Med. Grp., Inc.

    15 Cal.4th 951 (Cal. 1997)   Cited 1,170 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
  5. Moncharsh v. Heily Blase

    3 Cal.4th 1 (Cal. 1992)   Cited 1,063 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"
  6. Discover Bank v. Superior Court

    36 Cal.4th 148 (Cal. 2005)   Cited 476 times   70 Legal Analyses
    Holding that, under some circumstances, class action waivers in consumer arbitration agreements are unconscionable
  7. Broughton v. Cigna Healthplans of California

    21 Cal.4th 1066 (Cal. 1999)   Cited 245 times   12 Legal Analyses
    Holding that a claim for public injunctive relief under California's Consumer Legal Remedies Act (CLRA) is not arbitrable, although damages claims under the CLRA are arbitrable
  8. Coast Plaza Doctors Hospital v. Blue Cross of California

    83 Cal.App.4th 677 (Cal. Ct. App. 2000)   Cited 213 times
    Holding claim for negligent interference with prospective economic advantage and other tort and statutory claims constituted disputes "arising under" the parties' agreement where those claims "center[ed] around and [were] clearly based upon" terms in the agreement and were "inextricably related to [the agreement's] terms and provisions"
  9. Nyulassy v. Lockheed Martin Corp.

    120 Cal.App.4th 1267 (Cal. Ct. App. 2004)   Cited 170 times
    Holding that provision in arbitration agreement imposing 180-day limitation period was substantively unconscionable
  10. Board of Education v. Round Valley Teachers Assn

    13 Cal.4th 269 (Cal. 1996)   Cited 89 times   1 Legal Analyses
    Approving Fontana's refusal to compel arbitration in light of Government Code section 3543.2, subdivision's “general intent to exclude the procedures governing the reelection of probationary teachers as a proper subject of collective bargaining”
  11. Section 5

    Cal. Const. art. IX § 5   Cited 72 times

    The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established. Cal. Const. art. IX § 5

  12. Section 1

    Cal. Const. art. IX § 1   Cited 43 times
    Encouraging a diffusion of knowledge