113 Cal. App. 4th 1402 - Harper v. Ultimo’s Empirical Analysis
2003
Citation profile
8 federal appellate · 4 district · 47 state decisions
How this case has been cited
Cited by 92 later decisions — most recently October 2024 · most notably Sonic-Calabasas A, Inc. v. Moreno (2013), 128 Cal. App. 4th 1305 - Morris v. Redwood Empire Bancorp (2005)
8 federal appellate · 4 district · 47 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 24 Cal. 4th 83 - Armendariz v. Found. Health Psychcare Servs., Inc. · 28 Cal. 3d 807 - Graham v. Scissor-Tail, Inc. · 29 Cal. 4th 1064 - Little v. Auto Stiegler, Inc. · A & M PRODUCE CO. v. FMC Corp. · 51 Cal. App. 4th 1519 - Stirlen v. Supercuts, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 92 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Here is the surprise: The customer must inevitably receive a nasty shock when he or she discovers that no relief is available even if out and out fraud has been perpetrated, or even if he or she merely wants to be fully compensated for damaged property. “Here is the oppression: The inability to receive full relief is artfully hidden by merely referencing the Better Business Bureau arbitration rules, and not attaching those rules to the contract for the customer to review. The customer is forced to go to another source to find out the full import of what he or she is about to sign—and must go to that effort prior to signing.” (Harper v. Ultimo, supra, 113 Cal.App.4th at p. 1406 .)”
1 later decision quote this exact passage“But the oppression is even more onerous than that: As written, the clause pegs both the scope and procedure of the arbitration to rules which might change”), the procedurally unconscionable aspect of the modification provision, i.e., that”
1 later decision quote this exact passage“[b]efore the main battle commenced in arbitration, there would be a preliminary fight over which set of arbitration rules governed-something which, at the very least, would add to the customer's legal expense.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.