Legal Opinion

Sparks v. Vista Del Mar Child & Family Services

California Court of Appeal

Decided July 30, 2012No. B234988PublishedCited by 27 opinions

1Opinion of the Court

Opinion

MOSK, J.

INTRODUCTION

Defendant Vista Del Mar Child and Family Services (defendant) appeals from an order denying its petition to compel arbitration of the wrongful termination claims of its former employee, plaintiff Perry Sparks (plaintiff). Defendant relies upon an arbitration clause in its 2006 employee handbook (Handbook), which plaintiff acknowledged he received. We hold that plaintiff is not bound by the arbitration clause because that clause was included within a lengthy employee handbook; the arbitration clause was not called to the attention of plaintiff, and he did not…

2Cases cited30 opinions

  1. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  2. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  3. Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
  4. Rent-A-Center, West, Inc. v. JacksonSupreme Court of the United States · 2010
  5. Engalla v. Permanente Medical Group, Inc.California Supreme Court · 1997

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3Cited by27 opinions

  1. Serafin v. Balco Properties Ltd., LLCCalifornia Court of Appeal · 2015
  2. Harris v. TAP Worldwide, LLCCalifornia Court of Appeal · 2016
  3. Mohamed v. Uber Technologies, Inc.District Court, N.D. California · 2015
  4. Esparza v. Sand & Sea, Inc.California Court of Appeal · 2016
  5. Totten v. Kellogg Brown & Root, LLCDistrict Court, C.D. California · 2016

22 more not listed; retrieve them via the Exa API.

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