California Court: Unilateral Rescission of a Contract Does not Reinstate a Superseded Contract

The parties entered an agreement with arbitration clause, then later entered an agreement on the same subject which did not contain an arbitration clause. Plaintiff sued defendant and defendant attempted to compel arbitration. Court denied this motion on the ground that the later contract superseded the earlier contract. Then Plaintiff unilaterally rescinded the later contract and again attempted to compel arbitration. Held: unilateral rescission of the later contract did not reinstate the earlier contract.
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Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.