Is a defendant's claim that the arbitration provisions in their contract are unenforceable?

California, United States of America


The following excerpt is from Shea Homes Ltd. v. Loeffler, G049358 (Cal. App. 2014):

Finally, defendant argues the arbitration provisions are unenforceable because they did not comply with Code of Civil Procedure section 1298. That section prescribes certain language, font, and typeface requirements for arbitration clauses. Defendant's failure to set out those requirements or argue why the provisions at hand were invalid could operate as a forfeiture of her argument. (Evans v. CenterStone Development Co. (2005) 134 Cal.App.4th 151, 165.)

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