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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Boston LLC v. Juarez (2015)

Citation
Boston LLC v. Juarez (2015)
Parent Document
Boston LLC v. Juarez (2015)
Jurisdiction
California (state)
Effective Date
2015-10-02

Other Sections in This Document (72)

Full Text

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Nonetheless, “it is a general rule a party is bound by contract provisions” (Williams v.
California Physicians’ Service (1999) 72 Cal.App.4th 722, 739), and “[i]f contractual language
is clear and explicit, it governs [citation]” (Bank of the West v. Superior Court (1992) 2 Cal.4th
1254, 1264). Even a contract of adhesion, “a standardized contract, which, imposed and
drafted by the party of superior bargaining strength, relegates to the subscribing party only the
opportunity to adhere to the contract or reject it [citation]” (Graham v. Scissor-Tail, Inc. (1981)
28 Cal.3d 807, 817), “is fully enforceable according to its terms [citations] unless certain other
factors are present which, under established legal rules--legislative or judicial--operate to render
it otherwise” (id. at pp. 819-820, fns. omitted).3