Can a plaintiff who signed an arbitration agreement not be bound by the terms of the agreement because she did not know what she was signing?

California, United States of America


The following excerpt is from Michaelis v. Schori, 20 Cal.App.4th 133, 24 Cal.Rptr.2d 380 (Cal. App. 1993):

4 We also reject any notion that Michaelis is not bound by the arbitration agreement because she did not realize what she was signing. She made that claim in a declaration presented to the trial court. By the terms of section 1295, subdivision (e), such an arbitration agreement is not a contract of adhesion. "Since the agreement here is not one of adhesion, the general rule, that one who signs an agreement cannot avoid its terms on the ground that he failed to read it, is applicable. [Citations.]" (Bolanos v. Khalatian (1991) 231 Cal.App.3d 1586, 1590, 283 Cal.Rptr. 209.)

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