contract containing the arbitration clause (California) · Go Syfert
← California issues

contract containing the arbitration clause in California

34 California opinions name it 2 courts 1995–2026 11 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (27)

CaseFollowedCited
Simula, Inc. v. Autoliv, Inc.green
ca9 · 1999 · cited in 6 California opinions naming this issue, 2015–2021
2 sentences

2021(Citing Simula, Inc. v. Autoliv, Inc. (9th Cir. 1999) 175 F.3d 716 , 721.) But here Singh’s claims arise from a contract entirely separate from the contract containing the arbitration clause.

2016We likewise conclude that the language ‘arising in connection with’ reaches every dispute between the parties having a significant relationship to the contract and all disputes having their origin or genesis in the contract.” ( 175 F.3d at p. 721 .) “To require arbitration, [the] factual allegations need only ‘touch matters’ covered by the contract containing the arbitration clause and all doubts are to be resolved in favor of arbitrability.” (Ibid.) But clauses requiring arbitration of a claim, dispute, or controversy “arising from” or “arising out of’ an agreement, i.e., excluding language s

36
Ramos v. Superior Court of San Francisco Cnty.green
calctapp · 2018 · cited in 3 California opinions naming this issue, 2018–2021
2 sentences

2021“There is no requirement that the cause of action arising out of a contractual dispute must be itself contractual.”’” (Ibid.; see Howard v. Goldbloom (2018) 30 Cal.App.5th 659, 663-664 .) “For a party’s claims to come within the scope of such a clause, the factual allegations of the complaint ‘need only “touch matters” covered by the contract containing the arbitration clause.’” (Ramos v. Superior Court (2018) 28 Cal.App.5th 1042, 1052 .) “Broad arbitration clauses are interpreted to apply to extracontractual disputes between the contracting parties, ‘“so long as they have their roots in the r

2018At most, the requirement is that the dispute must arise out of the contract." ' " ( Rice v. Downs (2016) 248 Cal.App.4th 175 , 186, 203 Cal.Rptr.3d 555 ( Rice ); accord Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677 , 684-686, 99 Cal.Rptr.2d 809 [arbitration required where hospital's complaint was based on insurer's refusal to renegotiate reimbursement rates provided for in contract].) Put another way, "[f]or a party's claims to come within the scope of such a clause, the factual allegations of the complaint 'need only "touch matters" covered by the contract

33
Cobler v. Stanley, Barber, Southard, Brown & Associatesgreen
calctapp · 1990 · cited in 3 California opinions naming this issue, 2016–2016
2 sentences

2016We likewise conclude that the language ‘arising in connection with’ reaches every dispute between the parties having a significant relationship to the contract and all disputes having their origin or genesis in the contract.” ( 175 F.3d at p. 721 .) “To require arbitration, [the] factual allegations need only ‘touch matters’ covered by the contract containing the arbitration clause and all doubts are to be resolved in favor of arbitrability.” (Ibid.) But clauses requiring arbitration of a claim, dispute, or controversy “arising from” or “arising out of’ an agreement, i.e., excluding language s

2016We likewise conclude that the language ‘arising in connection with’ reaches every dispute between the parties having a significant relationship to the contract and all disputes having their origin or genesis in the contract.” ( 175 F.3d at p. 721 .) “To require arbitration, [the] factual allegations need only ‘touch matters’ covered by the contract containing the arbitration clause and all doubts are to be resolved in favor of arbitrability.” (Ibid.) But clauses requiring arbitration of a claim, dispute, or controversy “arising from” or “arising out of’ an agreement, i.e., excluding language s

33
Jsm Tuscany, LLC v. Superior Courtgreen
calctapp · 2011 · cited in 6 California opinions naming this issue, 2013–2025
2 sentences

2025Likewise, the manufacturer may be dismayed to find out that thousands of consumers may be able to force it to arbitrate their claims pursuant to an arbitration agreement it never signed or authorized, requiring them to incur the substantial fees for those arbitrations.9 (See JSM Tuscany, supra, 193 Cal.App.4th at p. 1241 [“A nonsignatory plaintiff can be compelled to arbitrate a claim even against a nonsignatory defendant, when the claim is itself based on, or inextricably intertwined with, the contract containing the arbitration clause”].) There is nothing fair about imposing arbitration unde

2023(JSM Tuscany, supra, 193 Cal.App.4th at p. 1241 .) “The equitable estoppel doctrine extends to claims that are dependent upon or inextricably intertwined with the obligations imposed by the contract containing the arbitration clause.

26
Soltero v. Precise Distributiongreen
calctapp · 2024 · cited in 3 California opinions naming this issue, 2025–2026
2 sentences

2026They also argue “the factual and legal bases for McCoy’s claims against [the] LLC and Masonite are inextricably intertwined with his claims against 18 Fleetwood.” But the “critical question” remains “whether the plaintiff’s claims against the nonsignatory defendant[s] actually rely on the terms of the contract containing the arbitration clause.” (Soltero, 102 Cal.App.5th at p. 895.) In our view, the claims here do not.

2025(See Soltero v. Precise Distribution, Inc. (2024) 102 Cal.App.5th 887 , 894-897 (Soltero) [citing cases].) “For several reasons, we agree that Garcia misapplied California law” (Soltero, at p. 895), by relying on the idea that the arbitration provision was broad enough to cover statutory claims, and by failing to explain how those claims relied on the substantive terms of the contract containing the arbitration clause (see id. at pp. 895–-897).

23
Kevin Comer v. Micor, Inc. Kenneth C. Smith Elliot H. Wagner Barbara Arbucci, and Salomon Smith Barney, Inc.green
ca9 · 2006 · cited in 3 California opinions naming this issue, 2008–2020
2 sentences

2020(Epitech, Inc. v. Kann (2012) 204 Cal.App.4th 1365 , 1371–1372.) Under the equitable estoppel theory, a nonsignatory “ ‘is estopped from avoiding arbitration if it knowingly seeks the benefits of the contract containing the arbitration clause.’” (Crowley, supra, 158 Cal.App.4th at p. 1070 .) Equitable estoppel, thus, “ ‘precludes a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes.’ ” (Comer v. Micor, Inc. (9th Cir. 2006) 436 F.3d 1098, 1101 .) “The party seeking arbitration bears the burden of proving the existence of an

2008Co. v. Watts Industries, Inc. (7th Cir. 2005) 417 F.3d 682 , 688 (Zurich); see Comer, supra, 436 F.3d at p. 1101 [estoppel compels arbitration when “nonsignatory ‘knowingly exploits’ ” the contract containing the arbitration clause].) “But [case law] consistently requires a direct benefit under the contract containing an arbitration clause before a reluctant party can be forced into arbitration. [Citations.]” (Zurich, supra, 417 F.3d at p. 688.) For example, a nonsignatory to a contract was compelled to arbitrate where it received the direct benefits under the contract of a lower insurance rat

23
Coast Plaza Doctors Hospital v. Blue Crossgreen
calctapp · 2000 · cited in 3 California opinions naming this issue, 2014–2018
2 sentences

2018At most, the requirement is that the dispute must arise out of the contract." ' " ( Rice v. Downs (2016) 248 Cal.App.4th 175 , 186, 203 Cal.Rptr.3d 555 ( Rice ); accord Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677 , 684-686, 99 Cal.Rptr.2d 809 [arbitration required where hospital's complaint was based on insurer's refusal to renegotiate reimbursement rates provided for in contract].) Put another way, "[f]or a party's claims to come within the scope of such a clause, the factual allegations of the complaint 'need only "touch matters" covered by the contract

2018At most, the requirement is that the dispute must arise out of the contract." ' " ( Rice v. Downs (2016) 248 Cal.App.4th 175 , 186, 203 Cal.Rptr.3d 555 ( Rice ); accord Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677 , 684-686, 99 Cal.Rptr.2d 809 [arbitration required where hospital's complaint was based on insurer's refusal to renegotiate reimbursement rates provided for in contract].) Put another way, "[f]or a party's claims to come within the scope of such a clause, the factual allegations of the complaint 'need only "touch matters" covered by the contract

23
Berman v. Dean Witter & Co., Inc.green
calctapp · 1975 · cited in 2 California opinions naming this issue, 2018–2018
2 sentences

2018At most, the requirement is that the dispute must arise out of the contract." ' " ( Rice v. Downs (2016) 248 Cal.App.4th 175 , 186, 203 Cal.Rptr.3d 555 ( Rice ); accord Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677 , 684-686, 99 Cal.Rptr.2d 809 [arbitration required where hospital's complaint was based on insurer's refusal to renegotiate reimbursement rates provided for in contract].) Put another way, "[f]or a party's claims to come within the scope of such a clause, the factual allegations of the complaint 'need only "touch matters" covered by the contract

2018At most, the requirement is that the dispute must arise out of the contract." ' " ( Rice v. Downs (2016) 248 Cal.App.4th 175 , 186, 203 Cal.Rptr.3d 555 ( Rice ); accord Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677 , 684-686, 99 Cal.Rptr.2d 809 [arbitration required where hospital's complaint was based on insurer's refusal to renegotiate reimbursement rates provided for in contract].) Put another way, "[f]or a party's claims to come within the scope of such a clause, the factual allegations of the complaint 'need only "touch matters" covered by the contract

22
Rice v. Downsgreen
calctapp · 2016 · cited in 2 California opinions naming this issue, 2018–2018
2 sentences

2018At most, the requirement is that the dispute must arise out of the contract." ' " ( Rice v. Downs (2016) 248 Cal.App.4th 175 , 186, 203 Cal.Rptr.3d 555 ( Rice ); accord Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677 , 684-686, 99 Cal.Rptr.2d 809 [arbitration required where hospital's complaint was based on insurer's refusal to renegotiate reimbursement rates provided for in contract].) Put another way, "[f]or a party's claims to come within the scope of such a clause, the factual allegations of the complaint 'need only "touch matters" covered by the contract

2018At most, the requirement is that the dispute must arise out of the contract." ' " ( Rice v. Downs (2016) 248 Cal.App.4th 175 , 186, 203 Cal.Rptr.3d 555 ( Rice ); accord Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677 , 684-686, 99 Cal.Rptr.2d 809 [arbitration required where hospital's complaint was based on insurer's refusal to renegotiate reimbursement rates provided for in contract].) Put another way, "[f]or a party's claims to come within the scope of such a clause, the factual allegations of the complaint 'need only "touch matters" covered by the contract

22
Khalatian v. Prime Time Shuttle CA2/8green
calctapp · 2015 · cited in 2 California opinions naming this issue, 2018–2018
2 sentences

2018At most, the requirement is that the dispute must arise out of the contract." ' " ( Rice v. Downs (2016) 248 Cal.App.4th 175 , 186, 203 Cal.Rptr.3d 555 ( Rice ); accord Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677 , 684-686, 99 Cal.Rptr.2d 809 [arbitration required where hospital's complaint was based on insurer's refusal to renegotiate reimbursement rates provided for in contract].) Put another way, "[f]or a party's claims to come within the scope of such a clause, the factual allegations of the complaint 'need only "touch matters" covered by the contract

2018At most, the requirement is that the dispute must arise out of the contract." ' " ( Rice v. Downs (2016) 248 Cal.App.4th 175 , 186, 203 Cal.Rptr.3d 555 ( Rice ); accord Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677 , 684-686, 99 Cal.Rptr.2d 809 [arbitration required where hospital's complaint was based on insurer's refusal to renegotiate reimbursement rates provided for in contract].) Put another way, "[f]or a party's claims to come within the scope of such a clause, the factual allegations of the complaint 'need only "touch matters" covered by the contract

22
Zurich American Insurance Company v. Watts Industriesgreen
ca7 · 2005 · cited in 2 California opinions naming this issue, 2008–2008
2 sentences

2008Co. v. Watts Industries, Inc. (7th Cir. 2005) 417 F.3d 682 , 688 (Zurich); see Comer, supra, 436 F.3d at p. 1101 [estoppel compels arbitration when “nonsignatory ‘knowingly exploits’ ” the contract containing the arbitration clause].) “But [case law] consistently requires a direct benefit under the contract containing an arbitration clause before a reluctant party can be forced into arbitration. [Citations.]” (Zurich, supra, 417 F.3d at p. 688.) For example, a nonsignatory to a contract was compelled to arbitrate where it received the direct benefits under the contract of a lower insurance rat

2008Co. v. Watts Industries, Inc. (7th Cir. 2005) 417 F.3d 682 , 688 (Zurich); see Comer, supra, 436 F.3d at p. 1101 [estoppel compels arbitration when “nonsignatory ‘knowingly exploits’ ” the contract containing the arbitration clause].) “But [case law] consistently requires a direct benefit under the contract containing an arbitration clause before a reluctant party can be forced into arbitration. [Citations.]” (Zurich, supra, 417 F.3d at p. 688.) For example, a nonsignatory to a contract was compelled to arbitrate where it received the direct benefits under the contract of a lower insurance rat

22
Crowley Maritime v. Boston Old Colony Ins.green
calctapp · 2008 · cited in 4 California opinions naming this issue, 2011–2022
2 sentences

2022Co., supra, 158 Cal.App.4th at p. 1070 [“a nonsignatory ‘is estopped from avoiding arbitration if it knowingly seeks the benefits of the contract containing the arbitration clause’”].) Summers did not knowingly seek the benefits of the asset purchase agreement—at least not in his individual capacity.

2020(Epitech, Inc. v. Kann (2012) 204 Cal.App.4th 1365 , 1371–1372.) Under the equitable estoppel theory, a nonsignatory “ ‘is estopped from avoiding arbitration if it knowingly seeks the benefits of the contract containing the arbitration clause.’” (Crowley, supra, 158 Cal.App.4th at p. 1070 .) Equitable estoppel, thus, “ ‘precludes a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes.’ ” (Comer v. Micor, Inc. (9th Cir. 2006) 436 F.3d 1098, 1101 .) “The party seeking arbitration bears the burden of proving the existence of an

14
MS Dealer Service Corp. v. Franklingreen
ca11 · 1999 · cited in 2 California opinions naming this issue, 2005–2009
2 sentences

2009Co. (5th Cir. 2006) 462 F.3d 384, 398 (Brown); but see MS Dealer, supra, 177 F.3d at p. 946 [de novo review of district court’s decision denying petition to compel arbitration on ground MS Dealer was not a signatory to the arbitration agreement].) In California, absent conflicting evidence, we review the issue de novo (Boucher, supra, 127 Cal.App.4th at p. 267 ), as the question is whether the undisputed facts constitute a sufficient legal basis for the application of equitable estoppel. 10 Claims of tortious interference with contract are particularly well suited for imposing equitable estopp

2005Id. at 758 .” (MS Dealer, supra, 177 F.3d at p. 947.) In MS Dealer, the Court of Appeals found each cause of action against the nonsignatory defendant referred to and presumed the existence of the contract containing the arbitration clause.

12
Lumbermens Mutual Casualty Co. v. Borden Co.green
nysd · 1967 · cited in 2 California opinions naming this issue, 2008–2008
2 sentences

2008Co. v. Watts Industries, Inc. (7th Cir.2005) 417 F.3d 682, 688 (Zurich); see Comer, supra, 436 F.3d at p. 1101 [estoppel compels arbitration when "nonsignatory `knowingly exploits'" the contract containing the arbitration clause].) "But [case law] consistently requires a direct benefit under the contract containing an arbitration clause before a reluctant party can be forced into arbitration. [Citations.]" ( Zurich, supra, 417 F.3d at p. 688 .) For example, a nonsignatory to a contract was compelled to arbitrate where it received the direct benefits under the contract of a lower insurance rate

2008(American Bureau Shipping v. Tencara Shipyard S.P.A. (2nd Cir. 1999) 170 F.3d 349, 353 .) In their opening brief, appellants argued that respondents are equitably estopped from refusing arbitration because they “stand in the shoes” of Crowley and “are attempting to obtain benefits potentially payable to the signatory under the insurance contract containing the agreement to arbitrate.” Appellants relied on a number of cases which involved either subrogation (Lumbermens Mutual Casualty Co. v. Borden Co. (S.D.N.Y. 1967) 268 F.Supp. 303, 314 ) or various types of direct action to seek the benefits

12
American Bureau Of Shipping v. Tencara Shipyard S.P.A.green
ca2 · 1999 · cited in 2 California opinions naming this issue, 2008–2008
2 sentences

2008Co. v. Watts Industries, Inc. (7th Cir.2005) 417 F.3d 682, 688 (Zurich); see Comer, supra, 436 F.3d at p. 1101 [estoppel compels arbitration when "nonsignatory `knowingly exploits'" the contract containing the arbitration clause].) "But [case law] consistently requires a direct benefit under the contract containing an arbitration clause before a reluctant party can be forced into arbitration. [Citations.]" ( Zurich, supra, 417 F.3d at p. 688 .) For example, a nonsignatory to a contract was compelled to arbitrate where it received the direct benefits under the contract of a lower insurance rate

2008(American Bureau Shipping v. Tencara Shipyard S.P.A. (2nd Cir. 1999) 170 F.3d 349, 353 .) In their opening brief, appellants argued that respondents are equitably estopped from refusing arbitration because they “stand in the shoes” of Crowley and “are attempting to obtain benefits potentially payable to the signatory under the insurance contract containing the agreement to arbitrate.” Appellants relied on a number of cases which involved either subrogation (Lumbermens Mutual Casualty Co. v. Borden Co. (S.D.N.Y. 1967) 268 F.Supp. 303, 314 ) or various types of direct action to seek the benefits

12
Brinkley v. Monterey Fin. Servs., Inc.green
calctapp4d · 2015 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(See Brinkley v. Monterey Financial Services, Inc. (2015) 242 Cal.App.4th 314, 332 [“Stated differently, ‘[t]o require arbitration, [a party’s] factual allegations need only “touch matters” covered by the contract containing the arbitration clause and all doubts are to be resolved in favor of arbitrability.’”].) The superior court erred in denying Davis’s motion to compel arbitration of her tort claims.8 8 The parties disagree about where the arbitration should occur, who should be the arbitrator, and what rules should apply.

11
Howard v. Goldbloomgreen
calctapp · 2018 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021“There is no requirement that the cause of action arising out of a contractual dispute must be itself contractual.”’” (Ibid.; see Howard v. Goldbloom (2018) 30 Cal.App.5th 659, 663-664 .) “For a party’s claims to come within the scope of such a clause, the factual allegations of the complaint ‘need only “touch matters” covered by the contract containing the arbitration clause.’” (Ramos v. Superior Court (2018) 28 Cal.App.5th 1042, 1052 .) “Broad arbitration clauses are interpreted to apply to extracontractual disputes between the contracting parties, ‘“so long as they have their roots in the r

11
Aanderud v. Superior Court of Kern Cnty.green
calctapp5d · 2017 · cited in 1 California opinions naming this issue, 2018–2018
2 sentences

2018At most, the requirement is that the dispute must arise out of the contract." ' " ( Rice v. Downs (2016) 248 Cal.App.4th 175 , 186, 203 Cal.Rptr.3d 555 ( Rice ); accord Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677 , 684-686, 99 Cal.Rptr.2d 809 [arbitration required where hospital's complaint was based on insurer's refusal to renegotiate reimbursement rates provided for in contract].) Put another way, "[f]or a party's claims to come within the scope of such a clause, the factual allegations of the complaint 'need only "touch matters" covered by the contract

2018At most, the requirement is that the dispute must arise out of the contract." ' " ( Rice v. Downs (2016) 248 Cal.App.4th 175 , 186, 203 Cal.Rptr.3d 555 ( Rice ); accord Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677 , 684-686, 99 Cal.Rptr.2d 809 [arbitration required where hospital's complaint was based on insurer's refusal to renegotiate reimbursement rates provided for in contract].) Put another way, "[f]or a party's claims to come within the scope of such a clause, the factual allegations of the complaint 'need only "touch matters" covered by the contract

11
Cape Flattery Limited v. Titan Maritime, LLCgreen
ca9 · 2011 · cited in 1 California opinions naming this issue, 2016–2016
11
Tracer Research Corp. v. National Environmental Services Company, Doing Business as Nesco Lab One Analytical, Inc. Eddy Paterson Albert McCutchangreen
ca9 · 1994 · cited in 1 California opinions naming this issue, 2016–2016
11
Hersman, Inc. v. Fleming Companies, Inc.green
almd · 1998 · cited in 1 California opinions naming this issue, 2015–2015
11
DMS Services, LLC v. Superior Courtgreen
calctapp · 2012 · cited in 1 California opinions naming this issue, 2013–2013
11
ALLIANCE TITLE COMPANY, INC. v. Bouchergreen
calctapp · 2005 · cited in 1 California opinions naming this issue, 2009–2009
11
Brown v. Pacific Life Insurancegreen
ca5 · 2006 · cited in 1 California opinions naming this issue, 2009–2009
11
Merrick v. Writers Guild of America, West, Inc.green
calctapp · 1982 · cited in 1 California opinions naming this issue, 2000–2000
11
Thompson v. Jespersengreen
calctapp · 1990 · cited in 1 California opinions naming this issue, 2000–2000
11
Prima Paint Corp. v. Flood & Conklin Mfg. Co.green
scotus · 1967 · cited in 1 California opinions naming this issue, 1995–1995
11

Distinguished, questioned or overruled (2)

CaseNegativeCited
MS Dealer Service Corp. v. Franklingreen
ca11 · 1999 · cited in 2 California opinions naming this issue, 2005–2009
2 sentences

2009Co. (5th Cir. 2006) 462 F.3d 384, 398 (Brown); but see MS Dealer, supra, 177 F.3d at p. 946 [de novo review of district court’s decision denying petition to compel arbitration on ground MS Dealer was not a signatory to the arbitration agreement].) In California, absent conflicting evidence, we review the issue de novo (Boucher, supra, 127 Cal.App.4th at p. 267 ), as the question is whether the undisputed facts constitute a sufficient legal basis for the application of equitable estoppel. 10 Claims of tortious interference with contract are particularly well suited for imposing equitable estopp

2005Id. at 758 .” (MS Dealer, supra, 177 F.3d at p. 947.) In MS Dealer, the Court of Appeals found each cause of action against the nonsignatory defendant referred to and presumed the existence of the contract containing the arbitration clause.

12
ALLIANCE TITLE COMPANY, INC. v. Bouchergreen
calctapp · 2005 · cited in 1 California opinions naming this issue, 2009–2009
11

Also cited on this issue (25)

CaseCitedYears
Mediterranean Enterprises, Inc. v. Ssangyong Corporation green
ca9 · 1983
2 sentences

2016(See Mediterranean Enterprises v. Ssangyong Corp. (9th Cir. 1983) 708 F.2d 1458 , 1461, 1464 (Mediterranean); Tracer Research Corp. v. National Environmental Services Co. (9th Cir. 1994) 42 F.3d 1292, 1295 (Tracer); Cape Flattery Ltd. v. Titan Maritime, LLC (9th Cir. 2011) 647 F.3d 914, 921, 924 (Cape Flattery).) 2.

2016(Mediterranean Enterprises v. Ssangyong (9th Cir. 1983) 708 F.2d 1458 , 1461, 1464 (Mediterranean); Tracer Research v. Nat.

32016–2016
Fuentes v. TMCSF, Inc. green
calctapp · 2018
2 sentences

2025As a preliminary matter, “the question is not whether [each director] is a third-party beneficiary of the contract containing the arbitration clause, but whether [the director] is a third-party beneficiary of the arbitration clause itself.” (Soltero, supra, 102 Cal.App.5th at p. 898.) “To invoke the third-party beneficiary exception, the [movant] ‘ “ha[s] to show that the arbitration clause ... was ‘made expressly 10 for [the director’s] benefit.’ ” ’ ” (Ibid., quoting Fuentes v. TMCSF, Inc. (2018) 26 Cal.App.5th 541, 552 .) “Thus, even assuming that [the directors] could be considered [] thir

2024As a third-party beneficiary of the employment agreement, Precise contends that it has standing to enforce the arbitration agreement between Soltero and Real Time that is part of their employment agreement. 12 In this context, however, the question is not whether the party seeking to compel arbitration is a third-party beneficiary of the contract containing the arbitration clause, but whether it is a third-party beneficiary of the arbitration clause itself. ( Fuentes, supra, 26 Cal.App.5th at pp. 551–552.) To invoke the third-party beneficiary exception, the nonsignatory “ ‘ha[s] to show that

22024–2025
Jensen v. U-Haul Co. of Cal. green
calctapp · 2017
2 sentences

2023As with signatory plaintiffs, when nonsignatory plaintiffs are pursuing such claims, they should be bound by the arbitration clause in the contract which is integral to their claims.” (Ibid.) “ ‘The fundamental point’ is that a party is ‘not entitled to make use of [a contract containing an arbitration clause] as long as it work[s] to [his or] her advantage, then attempt to avoid its application in defining the forum in which [his or] her dispute . . . should be resolved.’ (NORCAL Mutual, supra, 84 Cal.App.4th 64, 84 .)”10 (Jensen, supra, 18 Cal.App.5th at p. 306 .) The Regents maintains it ca

2023As with signatory plaintiffs, when nonsignatory plaintiffs are pursuing such claims, they should be bound by the arbitration clause in the contract which is integral to their claims.” (Ibid.) “ ‘The fundamental point’ is that a party is ‘not entitled to make use of [a contract containing an arbitration clause] as long as it work[s] to [his or] her advantage, then attempt to avoid its application in defining the forum in which [his or] her dispute . . . should be resolved.’ (NORCAL Mutual, supra, 84 Cal.App.4th 64, 84 .)”10 (Jensen, supra, 18 Cal.App.5th at p. 306 .) The Regents maintains it ca

22023–2023
Norcal Mutual Insurance Company v. Newton green
calctapp · 2000
2 sentences

2023As with signatory plaintiffs, when nonsignatory plaintiffs are pursuing such claims, they should be bound by the arbitration clause in the contract which is integral to their claims.” (Ibid.) “ ‘The fundamental point’ is that a party is ‘not entitled to make use of [a contract containing an arbitration clause] as long as it work[s] to [his or] her advantage, then attempt to avoid its application in defining the forum in which [his or] her dispute . . . should be resolved.’ (NORCAL Mutual, supra, 84 Cal.App.4th 64, 84 .)”10 (Jensen, supra, 18 Cal.App.5th at p. 306 .) The Regents maintains it ca

2023As with signatory plaintiffs, when nonsignatory plaintiffs are pursuing such claims, they should be bound by the arbitration clause in the contract which is integral to their claims.” (Ibid.) “ ‘The fundamental point’ is that a party is ‘not entitled to make use of [a contract containing an arbitration clause] as long as it work[s] to [his or] her advantage, then attempt to avoid its application in defining the forum in which [his or] her dispute . . . should be resolved.’ (NORCAL Mutual, supra, 84 Cal.App.4th 64, 84 .)”10 (Jensen, supra, 18 Cal.App.5th at p. 306 .) The Regents maintains it ca

22023–2023
Mahram v. The Kroger Co. green
calctapp · 2024
1 sentence

2025(Cf. Mahram v. The Kroger Co. (2024) 104 Cal.App.5th 303 , 312 [nonsignatory lacked standing as third-party beneficiary to enforce 9 If, as Ford contends, a nonsignatory manufacturer may enforce an arbitration provision in a contract between a buyer of the manufacturer’s product and a third party because the manufacturer’s warranties must be deemed obligations of that contract, then the buyer should be able to enforce that provision against the manufacturer as well.

12025–2025
Ronay Family Limited Partnership v. Tweed green
calctapp · 2013
1 sentence

2024As a third-party beneficiary of the employment agreement, Precise contends that it has standing to enforce the arbitration agreement between Soltero and Real Time that is part of their employment agreement. 12 In this context, however, the question is not whether the party seeking to compel arbitration is a third-party beneficiary of the contract containing the arbitration clause, but whether it is a third-party beneficiary of the arbitration clause itself. ( Fuentes, supra, 26 Cal.App.5th at pp. 551–552.) To invoke the third-party beneficiary exception, the nonsignatory “ ‘ha[s] to show that

12024–2024
Goldman v. KPMG, LLP green
calctapp · 2009
2 sentences

2024(Fuentes, supra, 26 Cal.App.5th at p. 552 ; Goldman, supra, 173 Cal.App.4th at p. 231 .) If so, the plaintiff cannot avoid the arbitration clause.

2024(Fuentes, supra, 26 Cal.App.5th at p. 552 ; Goldman, supra, 173 Cal.App.4th at p. 231 .) If so, the plaintiff cannot avoid the arbitration clause.

12024–2024
Bonshire v. Thompson green
calctapp · 1997
1 sentence

2024In O’Flaherty v. Belgum (2004) 115 Cal.App.4th 1044 , the arbitrator declared a forfeiture of the withdrawing partners’ capital accounts, even though the partnership agreement containing the arbitration provision did not provide for forfeiture, and the arbitration provision expressly precluded the arbitrator from granting a remedy “ ‘not available in a court of law.’ ” (Id. at pp. 1057, 1061.) The Second District concluded the arbitrator exceeded his powers by declaring forfeiture because it was “contrary to partnership law, the partnership agreement and decisional law.” (Id. at pp. 1056–1059.

12024–2024
O'FLAHERTY v. Belgum green
calctapp · 2004
1 sentence

2024In O’Flaherty v. Belgum (2004) 115 Cal.App.4th 1044 , the arbitrator declared a forfeiture of the withdrawing partners’ capital accounts, even though the partnership agreement containing the arbitration provision did not provide for forfeiture, and the arbitration provision expressly precluded the arbitrator from granting a remedy “ ‘not available in a court of law.’ ” (Id. at pp. 1057, 1061.) The Second District concluded the arbitrator exceeded his powers by declaring forfeiture because it was “contrary to partnership law, the partnership agreement and decisional law.” (Id. at pp. 1056–1059.

12024–2024
Young Seok Suh v. Superior Court green
calctapp · 2010
1 sentence

2020(Suh v. Superior Court, supra, 181 Cal.App.4th at p. 1511 ; Pinnacle at p. 236.) B.

12020–2020
Pinnacle Museum Tower Ass'n v. Pinnacle Market Development (US), LLC green
cal · 2012
1 sentence

2020(Epitech, Inc. v. Kann (2012) 204 Cal.App.4th 1365 , 1371–1372.) Under the equitable estoppel theory, a nonsignatory “ ‘is estopped from avoiding arbitration if it knowingly seeks the benefits of the contract containing the arbitration clause.’” (Crowley, supra, 158 Cal.App.4th at p. 1070 .) Equitable estoppel, thus, “ ‘precludes a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes.’ ” (Comer v. Micor, Inc. (9th Cir. 2006) 436 F.3d 1098, 1101 .) “The party seeking arbitration bears the burden of proving the existence of an

12020–2020
Epitech, Inc. v. Kann green
calctapp · 2012
1 sentence

2020(Epitech, Inc. v. Kann (2012) 204 Cal.App.4th 1365 , 1371–1372.) Under the equitable estoppel theory, a nonsignatory “ ‘is estopped from avoiding arbitration if it knowingly seeks the benefits of the contract containing the arbitration clause.’” (Crowley, supra, 158 Cal.App.4th at p. 1070 .) Equitable estoppel, thus, “ ‘precludes a party from claiming the benefits of a contract while simultaneously attempting to avoid the burdens that contract imposes.’ ” (Comer v. Micor, Inc. (9th Cir. 2006) 436 F.3d 1098, 1101 .) “The party seeking arbitration bears the burden of proving the existence of an

12020–2020
Molecular Analytical Systems v. Ciphergen Biosystems, Inc. green
calctapp · 2010
12015–2015
Seifert v. US Home Corp. green
fla · 1999
12015–2015
Seaboard Coast Line Railroad Company v. Trailer Train Company green
ca11 · 1982
12015–2015
Metalclad Corp. v. Ventana Environmental Organizational Partnership green
calctapp · 2003
12015–2015
Victoria v. Superior Court green
cal · 1985
12014–2014
AJIDA TECHNOLOGIES v. Roos Instruments green
calctapp · 2001
12014–2014
PacifiCare Health Systems, Inc. v. Book green
scotus · 2003
12009–2009
In Re Merrill Lynch Trust Co. FSB green
tex · 2007
12009–2009
Allied-Bruce Terminix Cos., Inc. v. Dobson green
scotus · 1995
12007–2007
Grigson v. Creative Artists Agency, L.L.C. green
ca5 · 2000
12005–2005
Sunkist Soft Drinks, Inc., Del Monte Corporation, Nabisco Brands, Inc. v. Sunkist Growers, Inc. green
ca11 · 1993
12005–2005
Charles J. Rounds Co. v. Joint Council of Teamsters No. 42 green
cal · 1971
12000–2000
Creative Plastering, Inc. v. Hedley Builders, Inc. green
calctapp · 1993
12000–2000

Statutes the citing opinions construe

USC § 9u.s.c.2 (8) USC § 9u.s.c.1 (6) CA § Cal. Civil Code § 1636 (4) CA § Cal. Civil Code § 1641 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 51 (1997–2025) TX 48 (2001–2026) CA 34 (1995–2026) AL 30 (1993–2025) OH 27 (1991–2024) NY 13 (1949–2020) IL 12 (1983–2025) IN 9 (1996–2017) NC 8 (2002–2024) WA 8 (2003–2024) WV 6 (2020–2022) MS 5 (2004–2011) DE 5 (2002–2023) LA 5 (2006–2024) GA 4 (2003–2026) OK 4 (2007–2011) SC 4 (2012–2023) CT 3 (1992–2007) HI 3 (2004–2020) MD 3 (2008–2012) MO 2 (1996–2006) MN 2 (1972–1988) NJ 2 (1998–2024) NM 2 (2004–2005) MI 2 (2011–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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