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BALTAZAR v. FOREVER 21

Respondent’s Opening Brief on the Merits

31 Cited authorities

  1. Buckeye Check Cashing v. Cardegna

    546 U.S. 440 (2006)   Cited 1,999 times   34 Legal Analyses
    Holding that nothing necessarily prevents a court from finding an arbitration clause unenforceable in a contract that it later finds is enforceable

  2. 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."

  3. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,769 times   45 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable

  4. Ingle v. Circuit City Stores, Inc.

    328 F.3d 1165 (9th Cir. 2003)   Cited 459 times   2 Legal Analyses
    Holding that a unilateral modification provision, which provided more notice than required in Ralphs' policy, was substantively unconscionable

  5. Little v. Auto Stiegler, Inc.

    29 Cal.4th 1064 (Cal. 2003)   Cited 395 times   3 Legal Analyses
    Holding "procedural element" established where employer had "imposed on [employee] an adhesive arbitration agreement"; observing "few employees are in a position to refuse a job because of an arbitration requirement"

  6. Alexander v. Anthony Intern., L.P.

    341 F.3d 256 (3d Cir. 2003)   Cited 307 times
    Holding that plaintiff must produce evidence showing an inability to pay and information regarding arbitration costs

  7. Stirlen v. Supercuts, Inc.

    51 Cal.App.4th 1519 (Cal. Ct. App. 1997)   Cited 326 times   3 Legal Analyses
    Holding that the element of procedural unconscionability is established where the challenged clause is part of a contract of adhesion

  8. Mercuro v. Superior Court

    96 Cal.App.4th 167 (Cal. Ct. App. 2002)   Cited 257 times   1 Legal Analyses
    Holding arbitration provision substantively unconscionable where it "compel[ed] arbitration of the claims employees are more likely to bring"

  9. Ajamian v. CantorCO2e, L.P.

    203 Cal.App.4th 771 (Cal. Ct. App. 2012)   Cited 192 times   1 Legal Analyses
    Finding that incorporation by reference fails the clear and unmistakable test in the employment context

  10. Fitz v. NCR Corp.

    118 Cal.App.4th 702 (Cal. Ct. App. 2004)   Cited 230 times   1 Legal Analyses
    Holding that an incorporated AAA discovery rule was deliberately hidden by a conflicting discovery provision in the arbitration agreement

  11. Section 3426.1 - Definitions

    Cal. Civ. Code § 3426.1   Cited 873 times   22 Legal Analyses
    Defining trade secrets under CUTSA similarly

  12. Section 1280 - Definitions

    Cal. Code Civ. Proc. § 1280   Cited 794 times   2 Legal Analyses
    Defining drafting party

  13. Section 1670.5 - Contract or clause unconscionable

    Cal. Civ. Code § 1670.5   Cited 768 times   3 Legal Analyses
    Adopting UCC section 2-302 and making it generally applicable to all contracts

  14. Section 51.7 - Right to be free from violence

    Cal. Civ. Code § 51.7   Cited 521 times

    (a)This section shall be known, and may be cited, as the Ralph Civil Rights Act of 1976. (b) (1)All persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of any characteristic listed or defined in subdivision (b) or (e) of Section 51, or position in a labor dispute, or because another person perceives them to have one or more of those

  15. Section 1281.8 - Application for provisional remedy in connection with arbitrable controversy

    Cal. Code Civ. Proc. § 1281.8   Cited 138 times   5 Legal Analyses
    Allowing a party to an arbitration agreement to seek preliminary injunctive relief regardless of the arbitration agreement's language

  16. Section 1115 - Definitions

    Cal. Evid. Code § 1115   Cited 104 times   2 Legal Analyses
    Defining "mediation" as a process in which a neutral person or persons facilitates communication between the disputants to assist them in reaching a mutually acceptable agreement."

  17. Section 572 - Generally

    Cal. Code Civ. Proc. § 572   Cited 25 times

    When it is admitted by the pleadings, or shown upon the examination of a party to the action, that he or she has in his or her possession, or under his or her control, any money or other thing capable of delivery, which, being the subject of litigation, is held by him or her as trustee for another party, or which belongs or which is due to another party or which should, under the circumstances of the case be held by the court pending final disposition of the action, the court may order the same,