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263 bytes added ,  01:21, March 25, 2014
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;''Sanchez v. Valencia Holding Co.'', before Cal. Supreme Court
 
;''Sanchez v. Valencia Holding Co.'', before Cal. Supreme Court
 
:After SCOTUS's ''[[AT&T Mobility v. Concepcion]]'' decision holding state rules requiring class actions to be available as preempted by the Federal Arbitration Act, the California Court of Appeals affirmed the trial court's refusal to grant Valencia's motion to compel arbitration on the grounds that the contractual provision for an appeal in certain circumstances and the carve-out for relief Valencia would be likely to seek was substantively unconscionable.  Valencia petitioned for certiorari, and the California Supreme Court granted it; the Supreme Court will determine whether the Court of Appeals' refusal to enforce the arbitration provision on the grounds of the one-sidedness of the appeals clause and the carve-out for relief likely to be sought by Valencia is also preempted by the Federal Arbitration Act.
 
:After SCOTUS's ''[[AT&T Mobility v. Concepcion]]'' decision holding state rules requiring class actions to be available as preempted by the Federal Arbitration Act, the California Court of Appeals affirmed the trial court's refusal to grant Valencia's motion to compel arbitration on the grounds that the contractual provision for an appeal in certain circumstances and the carve-out for relief Valencia would be likely to seek was substantively unconscionable.  Valencia petitioned for certiorari, and the California Supreme Court granted it; the Supreme Court will determine whether the Court of Appeals' refusal to enforce the arbitration provision on the grounds of the one-sidedness of the appeals clause and the carve-out for relief likely to be sought by Valencia is also preempted by the Federal Arbitration Act.
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:The sad part is that it has been nearly two and a half years since the Court of Appeals' ruling, and the California Supreme Court has still not held oral arguments.  These sorts of delays in the court system may well defeat the point of agreeing to arbitration.
    
==Quotes==
 
==Quotes==
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