62 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,791 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"
  2. Volt Info. Scis., Inc. v. Bd. of Trs.

    489 U.S. 468 (1989)   Cited 3,217 times   15 Legal Analyses
    Holding that the Federal Arbitration Act requires courts to enforce arbitration agreements according to their terms, including where the parties "specify by contract the rules under which arbitration will be conducted"
  3. Doctor's Assocs., Inc. v. Casarotto

    517 U.S. 681 (1996)   Cited 1,869 times   13 Legal Analyses
    Holding "that Montana's first-page notice requirement, which governs not ‘any contract,’ but specifically and solely contracts ‘subject to arbitration,’ conflicts with the FAA and is therefore displaced by the federal measure."
  4. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,764 times   45 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable
  5. Taus v. Loftus

    40 Cal.4th 683 (Cal. 2007)   Cited 774 times   2 Legal Analyses
    Holding that a published article and the investigation conducted in connection with the article, including an interview, constituted protected activity
  6. Rosenthal v. Great W. Fin. Secs. Corp.

    14 Cal.4th 394 (Cal. 1996)   Cited 779 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"
  7. Sav-On Drug Stores, Inc. v. Superior Court

    34 Cal.4th 319 (Cal. 2004)   Cited 516 times   10 Legal Analyses
    Holding that common questions predominated in overtime case brought by chain store managers
  8. Saint Agnes Medical Center v. PacifiCare of California

    31 Cal.4th 1187 (Cal. 2003)   Cited 480 times   3 Legal Analyses
    Holding the prejudice results from a party's expenditure on defending against motions that reflect a position on arbitrability
  9. Gentry v. Superior Court

    42 Cal.4th 443 (Cal. 2007)   Cited 348 times   65 Legal Analyses
    Holding that an employee's signature on receipt of "issue resolution package," which included a 30-day opt-out provision of arbitration agreement, "reasonably led" his employer to believe "that his failure to opt out constituted acceptance of the arbitration agreement"
  10. Jackson v. County of Los Angeles

    60 Cal.App.4th 171 (Cal. Ct. App. 1997)   Cited 365 times   1 Legal Analyses
    Holding that the doctrine of judicial estoppel should apply when: " the same party has taken two positions; the positions were taken in judicial or quasi-judicial administrative proceedings; the party was successful in asserting the first position (i.e., the tribunal adopted the position or accepted it as true); the two positions are totally inconsistent; and the first position was not taken as a result of ignorance, fraud, or mistake."
  11. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,925 times   315 Legal Analyses
    Prohibiting unlawful business practices
  12. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 11,930 times   208 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself
  13. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 10,955 times   119 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"
  14. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,259 times   125 Legal Analyses
    Providing only statutory penalties
  15. Section 201 - Computation and payment of wages upon discharge

    Cal. Lab. Code § 201   Cited 1,765 times   20 Legal Analyses
    Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"
  16. Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage

    Cal. Lab. Code § 1194   Cited 1,761 times   10 Legal Analyses
    Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action
  17. Section 203 - Failure to pay; penalties

    Cal. Lab. Code § 203   Cited 1,632 times   23 Legal Analyses
    Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"
  18. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,601 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime
  19. Section 1281.2 - Grounds for not ordering parties to arbitrate controversy

    Cal. Code Civ. Proc. § 1281.2   Cited 1,422 times   7 Legal Analyses
    Stating that an order compelling arbitration “may not be refused on the ground that the petitioner's contentions lack substantive merit”
  20. Section 2699 - Civil penalty; civil action by aggrieved employee to recover

    Cal. Lab. Code § 2699   Cited 1,310 times   33 Legal Analyses
    Providing that "[a]ny employee who prevails in any action" shall be entitled to reasonable attorney's fees
  21. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 3,189 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or

  22. Rule 8.252 - Judicial notice; findings and evidence on appeal

    Cal. R. 8.252   Cited 601 times

    (a)Judicial notice (1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order. (2) The motion must state: (A) Why the matter to be noticed is relevant to the appeal; (B) Whether the matter to be noticed was presented to the trial court and, if so, whether judicial notice was taken by that court; (C) If judicial notice of the matter was not taken by the trial court, why the matter is subject to judicial notice