Flores v. Transamerica HomeFirst, Inc.

How courts have described this case

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

• holding that there is no collateral estoppel regarding “virtually identical” arbitration agreements, because they “were signed by different parties under different circumstances”
• finding lack of mutuality of remedies where a debtor was forced to arbitrate any controversy arising out of a loan, but the lender could “proceed by judicial or non-judicial foreclosure, by self-help remedies such as setoff, and by injunctive relief to obtain appointment of a receiver”
• \A finding of a contract of adhesion is essentially a finding of procedural unconscionability\
• procedural 22 unconscionability may be shown by “an inequality of bargaining power that results in no real 23 negotiation and an absence of meaningful choice”
• “A finding of a contract of adhesion is essentially a finding of procedural unconsciona-bility.”
• “the legal matter raised in the second proceeding must involve the same set of events or documents and the same bundle of legal principles that contributed to the rendering of the first judgment”

Source: CourtListener parenthetical corpus (CC0).