This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Herzog et al. v. Superior Court (Dexcom, Inc.)

Ruling by

Truc T. Do

Lower Court

San Diego County Superior Court

Lower Court Judge

Timothy B. Taylor
Website's clickwrap agreement did not create an enforceable arbitration agreement because it did not provide reasonably conspicuous notice of its terms to users clicking to accept the agreement.



To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Already a subscriber?

Sign up for Daily Journal emails