Legal Opinion
Richards v. Merrill Lynch, Peirce, Fenner & Smith, Inc.
California Court of Appeal
Decided December 16, 1976No. Civ. 48048PublishedCited by 12 opinions
1Opinion of the Court
Opinion
KAUS, P. J.
Plaintiff Barry J. Richards filed a breach of contract action against defendants Merrill Lynch, Pierce, Fenner & Smith, Inc., and several employees (hereinafter, Merrill Lynch) involving an alleged breach of a margin agreement. Merrill Lynch moved to stay the proceedings and petitioned the court for an order compelling arbitration. The motion and petition were denied on the ground that the agreement on which Merrill Lynch relied in seeking arbitration was a contract of adhesion, enforcement of which would deny plaintiff due process. Merrill Lynch has appealed.
Facts
In 1972,…
2Cases cited12 opinions
- Silver v. New York Stock ExchangeSupreme Court of the United States · 1963
- Madden v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1976
- Berman v. Dean Witter & Co., Inc.California Court of Appeal · 1975
- Stockwell v. Reynolds & Co.District Court, S.D. New York · 1965
- Frame v. Merrill Lynch, Pierce, Fenner & Smith Inc.California Court of Appeal · 1971
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
- Graham v. Scissor-Tail, Inc.California Supreme Court · 1981
- Beynon v. Garden Grove Medical GroupCalifornia Court of Appeal · 1980
- Tapia v. BarkerCalifornia Court of Appeal · 1984
- Sehulster Tunnels/Pre-Con v. Traylor Brothers, Inc./Obayashi Corp.California Court of Appeal · 2003
7 more not listed; retrieve them via the Exa API.