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Select a company known for impeccable discretion, exceptional client care and service.Valenti Matchmaking has assisted the world’s most eligible single men and women in their search for a compatible life partner for more than 30 years.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. Rptr.2d 875, 926 P.2d 1061 (Rosenthal ), the particular causes of action in the underlying complaints, for purposes of determining arbitrability of fraud allegations related to contract (fraud in the inception or execution, as opposed to fraud in the inducement). Because the agreements sued upon violated express requirements of the dating service statutes that clearly apply here, they are void and unenforceable, and their arbitration provisions are likewise not enforceable. The agreements stated that the company was not intended to be a dating service, but rather, “[i]t is a matchmaking service in the traditional sense.” In exchange for respondents' retainer fees, Valenti promised to help respondents establish “personal relationships” by analyzing their personal data and matching them with eligible persons of the opposite sex. Rptr.2d 147.) Generally, procedural state rules are not preempted by the FAA if the parties have agreed “to arbitrate in accordance with California law.” (Volt Information Sciences, Inc. A contract made otherwise than as so prescribed is not binding or obligatory as a contract, and the doctrine that there is an implied liability arising from the receipt of benefits has no application․ Under such circumstances, the express contract attempted to be made is not invalid merely by reason of some irregularity or some invalidity in the exercise of a general power to contract, but is void because the statute prescribes the only method in which a valid contract can be made.Resolving these arguments requires us to analyze, under the standards of Rosenthal v. Each agreement contained a clause, which respondents individually initialed, that required the parties to submit disputes to arbitration. The adoption of the prescribed mode is a jurisdictional prerequisite to the exercise of the power to contract at all, and that power can be exercised in no other manner.” (Ibid., fns.omitted.)That parallel authority suggests that if a statute prescribes the only method in which a valid contract can be made, a contract that fails to follow that method is void.You want to fall in love and share your life with a committed partner. You want to fall in love and share your life with a committed partner. By nature, most people are reluctant to admit that finding a suitable mate may require assistance.Such a search is remarkably complicated without the help of a professional matchmaker, especially when you consider what is at stake.
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in the individual matchmaking consulting agreements sold to them by Valenti. Rptr.2d 875, 926 P.2d 1061.) 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. These rules apply to those situations:“A statute prohibiting the making of a particular kind of a contract except in a certain manner renders such contract void if made in any other way.
Section 1694 et seq., referred to here as the dating service statutes, prescribe certain standards and language that must be included in dating service contracts. (Ibid.) We conclude that under California law, these “consulting agreements” are part of a small class of contracts regulated by specific statutes that expressly render nonconforming contracts void and unenforceable. FACTUAL AND PROCEDURAL BACKGROUNDRespondents individually entered into three-year “consulting agreements” (the agreements) with Valenti for matchmaking services. Where the statute prescribes the only mode by which the power to contract is to be exercised, that mode is the measure of the power.
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