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Case Number: D050450 Judge: Huffman Court: California Court of Appeal, Fourth Appellate District on appeal from the Superior Court of Orange County Plaintiff's Attorney: Doug Gilliland, Gilliland & Gilliland, San Diego, California for Plaintiffs and Respondents. Valenti brought a motion to compel arbitration, arguing that the arbitration clause within the matchmaking consulting agreement was severable and enforceable, regardless of any potential defenses to the underlying contract liability. Proc., 1281, 1281.2.) The superior court denied the motion, concluding the arbitration clause was unenforceable because it was contained within an agreement that lacked essential language required by the statutory scheme, and the agreement was entered into under misleading circumstances, also a violation of statute. (a), (b).) On appeal, Valenti argues the superior court erred when it determined the agreements were illegal under California law, and that in any case, the arbitration clauses within them should have remained enforceable under state or federal law. 414-419.) We address respondents' defenses against the enforcement of illegal contracts, and further, the public policy preferences for enforcing arbitration agreements where appropriate, such as cases in which fraudulent inducement of an agreement is alleged.

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Respondents requested damages for lost retainer money and for emotional distress, as well as treble damages under section 1694.4, subdivision (c).

On December 5, 2006, Valenti filed a motion to compel arbitration.

At the time, while relatively stock in basic appearance, the truck featured a 4″ roof chop, the wheelbase was shortened 4″, the front fenders were moved back, the cargo bed was shortened 11″, and the body was channeled 5″ over the frame rails.

The ’33 Ford pickup suspension remained stock, ’59 Cadillac taillights were fitted, and the interior was custom-upholstered.

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