Ericksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak Street

Supreme Court of California · Decided 1983-12-29

Cited by 149 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

MOSK, J. I dissent. The majority establish a rule that earns a high rank in the cart-before-the-horse category. Instead of first requiring determination of whether the entire agreement was induced by fraud and then, if it was not, proceeding to arbitrate the issue of compliance with its terms, my colleagues order arbitration first and then sometime in the vague future the underlying validity of the very agreement w…

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