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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

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11 Any Plaintiff, ) Case No.


)
12 Plaintiff, ) OPPOSITION TO MOTION TO
) PETITION TO COMPEL ARBITRATION;
13 vs. ) SUMMONS; MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF __________,
14 Any Defendants, and DOES 1-5, inclusive, ) EXHIBITS
)
15 Defendants. ) DATE:
) TIME:
16 ) DEPT:
)
17 )
)
18 )

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1 Be sure to remove this notice and all other notices before using
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this document.
4 Plaintiff, _____________________________________ herein submits its opposition to
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Defendants ________________________ petition to compel arbitration on the grounds that:
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1. The alleged agreement to arbitrate should not be enforced as the law in California
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states that an agreement to arbitrate can be invalidated, upon such grounds as exist for the revocation

9 of any contract. See Code of Civil Procedure 1281. The agreement to arbitrate should be

10 invalidated and not enforced due to LIST HERE THE SPECIFIC DETAILS AS TO WHY THE
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ARBITRATION AGREEMENT SHOULD NOT BE ENFORCED SUCH AS FRAUD,
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DURESS, UNCONSCIONABILITY, ONE-SIDED CONTRACT OF ADHESION, ETC.
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2. The petition should be denied as Petitioner has waived their right to arbitrate in that
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15 CHOOSE ONE OR MORE OF THE EXAMPLES SHOWN BELOW AND INCLUDE SOME

16 SUPPORTING FACTS
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Previously taken steps inconsistent with an intent to invoke arbitration;
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Unreasonably delayed seeking arbitration;
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Acted in bad faith or with wilful misconduct;
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21 Invoked the litigation machinery so substantially that the parties were well into preparation of

22 a lawsuit before the moving party notified the opposing party of an intent to arbitrate;
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Either requested arbitration enforcement close to the trial date or delayed for a long period
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before seeking a stay;
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Filed a counterclaim without asking for a stay of the proceedings;
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27 Taken important intervening steps, such as one partys taking advantage of the judicial

28 discovery procedures not available in arbitration; or

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1 Delayed the demand for arbitration in a way that affected, misled or prejudiced the opposing
2 party.
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Modify the wording here to fit your particular situation. Do NOT
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5 just use the wording in this paragraph unless it definitely applies to


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your situation.
8 The opposition shall be based on this opposition, the attached memorandum of points and
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authorities, the declaration of __________ and Exhibits attached thereto, on the complete files and
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records of this action, and on such other oral and/or documentary evidence as may be presented at the
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hearing on the motion.
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14 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
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19 petition-to-compel-arbitration-in-california
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