Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc.
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The Court of Appeal affirmed the trial court's order denying a petition to compel arbitration and awarding attorney fees to respondent. The court held that the trial court could reasonably determine that there was no agreement to arbitrate where the form of the rental agreement is deceptive. In this case, the arbitration clause is not above the purchaser's signature, where one would expect to find it. Rather, it is after the purchaser's signature, on the back of the agreement, which is filled from top to bottom with closely spaced lines of small type. Furthermore, appellant's sales representatives are not trained to bring attention to the arbitration clause and there is no mention of arbitration in the personal guaranty.
The court agreed with respondent that, under the circumstances, Civil Code section 1717 should apply to make the attorney fee clause mutual, and to award fees to the prevailing party in the contract action. Furthermore, the court concluded that Frog Creek Partners, LLC v. Vance Brown, Inc. (2012) 206 Cal.App.4th 515, does not prohibit the award of attorney fees. Finally, the court rejected appellant's claim under the doctrine of unclean hands.
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