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 _________________

10

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 )

19
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 1 Be sure to remove this notice and all other notices before using
2

3
this document.
4 Plaintiff, _____________________________________ herein submits its opposition to
5
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
7

8
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
11
ARBITRATION AGREEMENT SHOULD NOT BE ENFORCED SUCH AS FRAUD,
12
DURESS, UNCONSCIONABILITY, ONE-SIDED CONTRACT OF ADHESION, ETC.
13
2. The petition should be denied as Petitioner has waived their right to arbitrate in that
14

15 CHOOSE ONE OR MORE OF THE EXAMPLES SHOWN BELOW AND INCLUDE SOME

16 SUPPORTING FACTS
17
Previously taken steps inconsistent with an intent to invoke arbitration;
18
Unreasonably delayed seeking arbitration;
19
Acted in bad faith or with wilful misconduct;
20

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;
23
Either requested arbitration enforcement close to the trial date or delayed for a long period
24
before seeking a stay;
25
Filed a counterclaim without asking for a stay of the proceedings;
26

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.
3
Modify the wording here to fit your particular situation. Do NOT
4

5 just use the wording in this paragraph unless it definitely applies to

6

7
your situation.
8 The opposition shall be based on this opposition, the attached memorandum of points and
9
authorities, the declaration of __________ and Exhibits attached thereto, on the complete files and
10
records of this action, and on such other oral and/or documentary evidence as may be presented at the
11
hearing on the motion.
12

13

14 Dated________________ _______________________________________________
ANY ATTORNEY OR PARTY
15

16

17
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19 petition-to-compel-arbitration-in-california
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