California Court of Appeal· 3/24/2008

Bruni v. Didion

Citations

73 Cal. Rptr. 3d 395
160 Cal. App. 4th 1272

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that a court must consider a contract formation challenge before compelling arbitration in a dispute involving home buyers, builders, and an HBW warranty
finding that arbitration provisions in an adhesion contract violated the plaintiffs’ reasonable expectations where the provisions were “unforeseeably broad” and “well beyond a layperson’s reasonable expectations”
“A court, however, still must consider one type of challenge to the overall contract; a claim that the party resisting arbitration never actually agreed to be bound.”
“The petitioner bears the burden of proving the existence 1 petition bears the burden of proving by a preponderance of the evidence any fact necessary to its 2 defense.”
“[C]ourts must ‘apply ordinary state-law 6 principles that govern the formation of contracts.’”
“The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Richli

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Cited by

49 cases in this archive cite this case; the 20 most cited are listed.

Cites

63 cases in this archive are cited by this case; the 20 most cited are listed.

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