Category: Arbitration: Unconscionability

Arbitration/Consumers/FAA/Unconscionability: 9th Circuit Holds Arbitration Clause In Consumer Credit Contract Lacking “Holder Rule” Language Is Not Unconscionable, And Doesn’t Fall Under “Public Injunction” Exception to Arb

April 12, 2013 · Arbitration: Consumers, Arbitration: Federal Arbitration Act, Arbitration: Public Policy, Arbitration: Unconscionability

Dissenting Judge Pregerson Attaches “Dense, Small Print, And Blurry Nine-Page Contract” As Appendix We posted on December 16, 2012 about the Kilgore v. Keybank oral argument to the Ninth Circuit, sitting en banc. The case involves a putative class action by former students of a failed helicopter flight-training school seeking injunctive relief against the […]

Arbitration/Automobiles/Unconscionability: Arbitration Provision In Automobile Purchase Held Procedurally But Not Substantively Unconscionable

April 7, 2013 · Arbitration: Automobiles, Arbitration: Unconscionability

“Sliding Scale” Unconscionability Analysis Saves Arbitration Provision In a published decision, the Court of Appeal reverses the trial court’s denial of a petition to compel arbitration based on an automobile purchase contract. Vasquez v. Greene Motors, Inc., Case No. A134289 (1st Dist. Div. 1 March 27, 2013) (Margulies, Acting P.J., author 3:0) (published). […]

Arbitration/Employment/Unconscionability: Second District, Division 8 Tanks Employment Arbitration Provision On Basis of Unconscionability

March 23, 2013 · Arbitration: Class, Arbitration: Employment, Arbitration: Unconscionability

Main Problem is One-Sidedness of Arbitration Provision Compton v. Superior Court, Case No. BC448343 (2nd Dist. Div. 8 March 19, 2013) (published) starkly presents the conflicting views of judges confronted with deciding whether an employment arbitration provision is unconscionable. Leasa Compton appealed the order granting her former employer, American Management Services’s (AMS’s) petition […]

Arbitration/Unconscionability/Arbitrability: Sixth District Rules Tort Claims, Including Battery, Are Arbitrable

February 10, 2013 · Arbitration: Burden of Proof, Arbitration: Construction of Agreement, Arbitration: Enforceability, Arbitration: Nonsignatories, Arbitration: Unconscionability

Decision Reversing Trial Court’s Findings of Unconscionability and Non-Arbitrability of Tort Claims is Very Fact Specific – But Ruling On Tort Claims Is Worth Noting Bigler v. The Harker School, Case No. H037450 (6th Dist. February 6, 2013) (Elia, J., author 3:0) (published) is a reminder judicial determinations of unconscionability and arbitrability are often […]

Arbitration/Unconscionability/Severability: First District, Division 1 Affirms Denial Of Petition To Arbitrate Car Sales Contract Dispute On Grounds Of Unconscionability

January 7, 2013 · Arbitration: Consumers, Arbitration: Severability, Arbitration: Unconscionability, Pending Cases

The Issue Is Also Pending In The California Supreme Court The latest in the crop of cases concerning car sales contracts and petitions to compel arbitration is Natalini v. Import Motors, Inc., Case No. A133236 (1st Dist. Div. 1 January 7, 2013) (Simons, J., author) (unpublished). The Court had no trouble affirming the denial […]

Arbitration/Consumers/Unconscionability: Second Dist. Div. 3 Affirms Order Denying Petition To Compel Arbitration Of Consumer Dispute Over Used Car

January 1, 2013 · Arbitration: Automobiles, Arbitration: Consumers, Arbitration: Unconscionability

Procedural and Substantive Unconscionability Drive The Result Arbitration clauses, automobile purchases and leases provide a ripe area for dispute. In 2012, I reported on a number of those disputes. See my posts of April 12, 2012 (Kolev v. Euromoters West/The Auto Gallery; opinion withdrawn by 9th Cir.), August 1, 2012 (Caron v. Mercedes-Benz Financial […]

Arbitration/Employment/Enforceability/FAA/CCP 1281.8: Second District, Div. 1 Reverses Order Denying Motion To Compel Arbitration – Mutuality Of Employer/Employee Provisions Is Key

December 21, 2012 · Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Enforceability, Arbitration: Federal Arbitration Act, Arbitration: Unconscionability

“In particular, we do not find unconscionable a provision in the arbitration agreement allowing either party to seek provisional remedies . . . “ For the practitioner, Baltazar v. Forever 21, Inc., Case No. B237173 (2nd Dist. Div. 1 Dec. 20, 2012) (Mallano, J.) (published), is worth reading because it provides employers and employees […]

Arbitration/Employment/Unconscionability: Implied Restriction On Employer’s Express Right To Unilaterally Change Arbitration Agreement Saves Arbitration Agreement From Unconscionability Attack

November 7, 2012 · Arbitration: Employment, Arbitration: Enforceability, Arbitration: Unconscionability

Arbitration Requirement In Employment Contract of Casino Security Director Survives Unconscionability Attack Plaintiff Gatewood sued his former employee Hustler Casino and its owner El Dorado Enterprises, Inc., for various employment-related claims. The employer moved successfully to compel arbitration. Apparently unsatisfied with the arbitration award, Mr. Gatewood appealed the award and the order compelling arbitration […]

Arbitration/Unconscionability/Severability/Standard of Review: Law Firm Partnership Agreement That Is Functionally An Employment Agreement Is Subject To Armendariz Unconscionability Analysis

November 5, 2012 · Arbitration: Severability, Arbitration: Standard of Review, Arbitration: Unconscionability

Court of Appeal Rejects Employer’s Contention that AT&T Mobility v. Concepcion Overruled Armendariz Unconscionability Analysis Plaintiff Erika Brenner, an attorney, sued her “employer” Glenn Johnson Law, LLP and its principal, attorney Glenn Johnson, for wrongful discharge and other employment-related claims. Defendants moved to compel arbitration under a contractual arbitration provision. Brenner opposed, arguing […]

Arbitration/Enforceability/Unconscionability: Goodridge v. KDF Automotive Group, Inc. Ordered Published

September 13, 2012 · Arbitration: Enforceability, Arbitration: Unconscionability, Pending Cases

Arbitration Clause In Contract To Purchase Used Automobile Was Found To Be Procedurally and Substantively Unconscionable On August 26, 2012, we posted about Goodridge v. KDF Automotive Group, Inc., Case No. D060269 (4th Dist. Div. 1 August 24, 2012) (McDonald, Acting P.J., author). On September 13, 2012, the Court ordered that the case be […]