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· 8/27/2003

Wolschlager v. Fidelity National Title Insurance

Citations

  • 4 Cal. Rptr. 3d 179
  • 111 Cal. App. 4th 784

How courts have described this case

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

  • concluding that an arbitration clause incorporated by reference was binding because it was “easily available” to the plaintiff
  • considering that whether a party knows about an arbitration clause is 10 irrelevant if the clause is easily available
  • finding “[n]othing further was needed to bind the plaintiff a 24 policy” where the contract “identified the Policy by name and directed the plaintiff to 25 where he could inspect it”
  • arbitration provision in policy binding where preliminary title report clearly incorporated policy and \directed the plaintiff to where he could inspect it\
  • arbitration provision in policy binding where preliminary title report clearly incorporated policy and “directed the plaintiff to where he could inspect it”
  • “[E]ven if plaintiff did not know about the arbitration clause, the Policy with the clause was easily available to him. The preliminary report identified the Policy by name and directed the plaintiff to where he could inspect it. Nothing further was needed to bind the plaintiff.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rushing

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.