Valenti international dating service

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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.The arbitration clauses were followed by provisions stating that California provided the governing law and the forum for resolution of any disputes arising under or relating to the agreement. Omitting required provisions, as here, does not follow the requirements of statute.Some of the agreements added that this forum would be the Superior Court in San Diego. Rptr.3d 531, citing Marcus & Millichap Real Estate Investment Brokerage Co. Another guiding principle is found in Loving & Evans v.Respondents alleged Valenti claimed to have a network of employees who recruited and screened high level, wealthy, single potential romantic partners throughout the United States and internationally, and Valenti promised it had such wealthy, successful persons as active clients. The agreement as a whole is stated to be governed by California law, and in some cases, a choice of forum is stated as the Superior Court for the County of San Diego, California. The trial court's order includes the statement, “[a]lso, it is alleged that the contracts were entered into under misleading circumstances.” At this point in the litigation where only arbitration issues are presented, only preliminary factual determinations can be made about whether these allegations of misleading circumstances are justified. Rptr.2d 875, 926 P.2d 1061.) Nevertheless, when we read the agreements together with the statutes, and consider these parallel authorities, we conclude that because of the particular manner in which fraud in the inducement is alleged within the context of these statutorily insufficient and illegal agreements, the agreements do not belong within the general category allowing severable arbitration clauses, because of the importance of the omitted provisions.Respondents alleged Valenti never had any suitable matches to introduce to them and had therefore obtained their assent to the agreements through these misrepresentations. Rptr.2d 758.) Where different factual bases may exist to support a particular legal theory, it is the duty of the party asserting those facts to bring them to the attention of the trial court. Where an arbitration provision contains California choice-of-law language, the parties' intent is inferred that state law will apply for resolving motions to compel arbitration. The ruling on arbitrability does not further determine the merits of all issues about the agreements' legality under the dating service statutes. We are aware that even voidable contracts may contain enforceable arbitration clauses. Rptr.3d 422.)We cannot find the arbitration provisions in this case to be severable from these contracts under these authorities.

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