We previously posted on September 28, 2024, about the California Supreme Court’s Ramirez v. Charter Communications 2024 decision addressing unconscionability and severability in employment arbitration agreements, in which the California Supreme Court agreed that various provisions in an arbitration agreement were unconscionable, but remanded to determine whether the provisions could be severed. 

On remand, the Second District Court of Appeal held that the multiple unconscionable provisions in Charter’s arbitration agreement so permeated the contract that they could not be severed, and the agreement was therefore unenforceable in its entirety. 108 Cal.App.5th 1297 (Cal. App. 2d Dist.).