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McGILL v. CITIBANK (To be called and continued to the December 2016 calendar.) (Corrigan, J., not participating; Haller, J., assigned justice pro tempore.)

Respondent’s Petition for Review

61 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,735 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  2. Mitsubishi Motors v. Soler Chrysler-Plymouth

    473 U.S. 614 (1985)   Cited 4,217 times   44 Legal Analyses
    Holding that the Act emphatically favors arbitration

  3. Gilmer v. Interstate/Johnson Lane Corp.

    500 U.S. 20 (1991)   Cited 3,015 times   59 Legal Analyses
    Holding that a claim arising under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq. (1994 ed.), may be subject to compulsory arbitration

  4. Volt Info. Scis., Inc. v. Bd. of Trs.

    489 U.S. 468 (1989)   Cited 3,196 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"

  5. Shearson/Am. Express Inc. v. McMahon

    482 U.S. 220 (1987)   Cited 1,792 times   18 Legal Analyses
    Holding that an arbitration clause was enforceable under the Federal Arbitration Act with respect to a claim under the Securities Exchange Act of 1934

  6. Southland Corp. v. Keating

    465 U.S. 1 (1984)   Cited 1,868 times   21 Legal Analyses
    Holding that through the FAA, "Congress intended to foreclose state legislative attempts to undercut the enforceability of arbitration agreements"

  7. Am. Express Co. v. Italian Colors Rest.

    570 U.S. 228 (2013)   Cited 630 times   29 Legal Analyses
    Holding that a class waiver in an arbitration agreement is enforceable under the FAA even when a plaintiff shows that the waiver will prevent her from vindicating her statutory rights

  8. Perry v. Thomas

    482 U.S. 483 (1987)   Cited 1,328 times   14 Legal Analyses
    Holding that the FAA preempted a state statute permitting litigation of wage collection actions despite the existence of a private agreement to arbitrate

  9. Preston v. Ferrer

    552 U.S. 346 (2008)   Cited 571 times   18 Legal Analyses
    Holding that the FAA preempted a California law giving a state agency primary jurisdiction over a dispute involving the California Talent Agency Act despite the parties' agreement to arbitrate such disputes

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

    24 Cal.4th 83 (Cal. 2000)   Cited 1,737 times   44 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable

  11. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,783 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 11,815 times   203 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 10,833 times   115 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  14. Section 21

    Cal. Const. art. VI § 21   Cited 2,918 times
    Providing in part: "On stipulation of the parties litigant the court may order a cause to be tried by a temporary judge"

  15. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,659 times   67 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  16. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,651 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state

  17. Section 2698 - Title of part

    Cal. Lab. Code § 2698   Cited 1,537 times   36 Legal Analyses

    This part shall be known and may be cited as the Labor Code Private Attorneys General Act of 2004. Ca. Lab. Code § 2698 Added by Stats 2003 ch 906 (SB 796), s 2, eff. 1/1/2004.

  18. Section 1760 - Liberal construction and application

    Cal. Civ. Code § 1760   Cited 150 times
    Stating the purpose of the CLRA is "to protect consumers against unfair and deceptive business practices"

  19. Section 1758.9 - License required

    Cal. Ins. Code § 1758.9   Cited 2 times

    No person shall sell or solicit any form of credit insurance in this state unless that person is licensed as an insurance agent or broker pursuant to Article 3 (commencing with Section 1631) or is licensed as a credit insurance agent or endorsee under this article. Ca. Ins. Code § 1758.9 Amended by Stats 2022 ch 424 (SB 1242),s 19, eff. 1/1/2023. Added by Stats 2000 ch 321 (AB 393), s 7, eff. 1/1/2001, op. 1/1/2002.

  20. Rule 8.528 - Disposition

    Cal. R. 8.528   Cited 2,994 times

    (a)Normal disposition After review, the Supreme Court normally will affirm, reverse, or modify the judgment of the Court of Appeal, but may order another disposition. (b) Dismissal of review (1) The Supreme Court may dismiss review. The clerk/executive officer of the Supreme Court must promptly send an order dismissing review to all parties and the Court of Appeal. (2) When the Court of Appeal receives an order dismissing review, the decision of that court is final and its clerk/executive officer

  21. Rule 8.490 - Filing, finality, and modification of decisions; rehearing; remittitur

    Cal. R. 8.490   Cited 1,041 times

    (a)Filing and modification of decisions Rule 8.264(a) and (c) govern the filing and modification of decisions in writ proceedings. (b)Finality of decision (1) Except as otherwise ordered by the court, the following decisions regarding petitions for writs within the court's original jurisdiction are final in the issuing court when filed: (A) An order denying or dismissing such a petition without issuance of an alternative writ, order to show cause, or writ of review; and (B) An order denying or dismissing

  22. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 337 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer

  23. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 21 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)

  24. Rule 8.29 - Service on nonparty public officer or agency

    Cal. R. 8.29   Cited 6 times

    (a)Proof of service When a statute or this rule requires a party to serve any document on a nonparty public officer or agency, the party must file proof of such service with the document unless a statute permits service after the document is filed, in which case the proof of service must be filed immediately after the document is served on the public officer or agency. (Subd (a) relettered effective January 1, 2007; adopted as subd (b).) (b)Identification on cover When a statute or this rule requires