California Court of Appeal

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Lhotka v. Geographic Expeditions, Inc., A123725

Trial court's denial of defendant's motion to compel arbitration of a wrongful death action brought by the survivors of one of its clients who died on a Mount Kilimanjaro hiking operation is affirmed where: 1) plaintiffs made a sufficient showing to establish at least a minimal level of oppression to justify a finding of procedural unconscionability; 2) the arbitration clause if so one-sided as to be substantively unconscionable; and 3) it was within the court's discretion to conclude the agreement was so permeated by unconscionability that the interests of justice would not be furthered by severing the damages limitations clause and enforcing the remainder.

Appellate Information

  • Decided 01/29/2010
  • Published 01/29/2010

Judges

  • SIGGINS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Law Offices of David J. Bennion, David J. Bennion, Law Office of Daniel U. Smith, Daniel U. Smith, for Plaintiffs and and Respondents., Rubin, Hay & Gould, Rodney E. Gould, Walsworth, Franklin, Bevins & McCall, Laurie E. Sherwood, Alex F. Pevzner, for Defendant and Appellant.