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    Sample Opposition To Petition To Compel Arbitration in California

    Uploaded by

    Stan Burman
    This sample opposition to a petition to compel arbitration is used to oppose a request to compel arbitration on the grounds that the arbitration agreement should not be enforced due to fraud, duress, the agreement is unconscionable, one-sided or an adhesion contract, the moving party unreasonably delayed in seeking arbitration, acted in bad faith and other grounds. The sample is 20 pages and includes brief instructions, a table of contents and table of authorities as well as a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    © All Rights Reserved
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    Sample Opposition To Petition To Compel Arbitration in California

    Uploaded by

    Stan Burman
    13K views3 pages
    This sample opposition to a petition to compel arbitration is used to oppose a request to compel arbitration on the grounds that the arbitration agreement should not be enforced due to fraud, duress, the agreement is unconscionable, one-sided or an adhesion contract, the moving party unreasonably delayed in seeking arbitration, acted in bad faith and other grounds. The sample is 20 pages and includes brief instructions, a table of contents and table of authorities as well as a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    Sample Opposition to Petition to Compel Arbitration in California

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    This sample opposition to a petition to compel arbitration is used to oppose a request to compel arbitration on the grounds that the arbitration agreement should not be enforced due to fraud, duress, the agreement is unconscionable, one-sided or an adhesion contract, the moving party unreasonably delayed in seeking arbitration, acted in bad faith and other grounds. The sample is 20 pages and includes brief instructions, a table of contents and table of authorities as well as a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    13K views3 pages

    Sample Opposition To Petition To Compel Arbitration in California

    Uploaded by

    Stan Burman
    This sample opposition to a petition to compel arbitration is used to oppose a request to compel arbitration on the grounds that the arbitration agreement should not be enforced due to fraud, duress, the agreement is unconscionable, one-sided or an adhesion contract, the moving party unreasonably delayed in seeking arbitration, acted in bad faith and other grounds. The sample is 20 pages and includes brief instructions, a table of contents and table of authorities as well as a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    1 Any Attorney or Party

    Any Street
    2 Any Town, CA 55555

    3 714-555-5555

    4 Any Attorney or Party

    8 Superior Court of the State of California

    9 For the County of _________________

    10

    11 Any Plaintiff, ) Case No.


    )
    12 Plaintiff, ) OPPOSITION TO MOTION TO
    ) PETITION TO COMPEL ARBITRATION;
    13 vs. ) SUMMONS; MEMORANDUM OF POINTS AND
    ) AUTHORITIES; DECLARATION OF __________,
    14 Any Defendants, and DOES 1-5, inclusive, ) EXHIBITS
    )
    15 Defendants. ) DATE:
    ) TIME:
    16 ) DEPT:
    )
    17 )
    )
    18 )

    19
    To subscribe to my FREE weekly legal newsletter visit
    20

    21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail


    22
    address.
    23

    24 To view sample legal document packages sold by LegalDocsPro


    25

    26
    visit: http://www.legaldocspro.net
    27

    28

    - 1 -
    1 Be sure to remove this notice and all other notices before using
    2

    3
    this document.
    4 Plaintiff, _____________________________________ herein submits its opposition to
    5
    Defendants ________________________ petition to compel arbitration on the grounds that:
    6
    1. The alleged agreement to arbitrate should not be enforced as the law in California
    7

    8
    states that an agreement to arbitrate can be invalidated, upon such grounds as exist for the revocation

    9 of any contract. See Code of Civil Procedure 1281. The agreement to arbitrate should be

    10 invalidated and not enforced due to LIST HERE THE SPECIFIC DETAILS AS TO WHY THE
    11
    ARBITRATION AGREEMENT SHOULD NOT BE ENFORCED SUCH AS FRAUD,
    12
    DURESS, UNCONSCIONABILITY, ONE-SIDED CONTRACT OF ADHESION, ETC.
    13
    2. The petition should be denied as Petitioner has waived their right to arbitrate in that
    14

    15 CHOOSE ONE OR MORE OF THE EXAMPLES SHOWN BELOW AND INCLUDE SOME

    16 SUPPORTING FACTS
    17
    Previously taken steps inconsistent with an intent to invoke arbitration;
    18
    Unreasonably delayed seeking arbitration;
    19
    Acted in bad faith or with wilful misconduct;
    20

    21 Invoked the litigation machinery so substantially that the parties were well into preparation of

    22 a lawsuit before the moving party notified the opposing party of an intent to arbitrate;
    23
    Either requested arbitration enforcement close to the trial date or delayed for a long period
    24
    before seeking a stay;
    25
    Filed a counterclaim without asking for a stay of the proceedings;
    26

    27 Taken important intervening steps, such as one partys taking advantage of the judicial

    28 discovery procedures not available in arbitration; or

    - 2 -
    1 Delayed the demand for arbitration in a way that affected, misled or prejudiced the opposing
    2 party.
    3
    Modify the wording here to fit your particular situation. Do NOT
    4

    5 just use the wording in this paragraph unless it definitely applies to


    6

    7
    your situation.
    8 The opposition shall be based on this opposition, the attached memorandum of points and
    9
    authorities, the declaration of __________ and Exhibits attached thereto, on the complete files and
    10
    records of this action, and on such other oral and/or documentary evidence as may be presented at the
    11
    hearing on the motion.
    12

    13

    14 Dated________________ _______________________________________________
    ANY ATTORNEY OR PARTY
    15

    16

    17
    To purchase the entire 20 page document visit:
    18 https://legaldocspro.myshopify.com/products/sample-opposition-to-
    19 petition-to-compel-arbitration-in-california
    20

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