California Court of Appeal

A trial court order denying a petition to compel arbitration under an employment contract is affirmed, where: 1) the employer failed to establish that the breadth of the arbitration provision constituted clear and unmistakable evidence of an intent to delegate issues of the provision's enforceability to the arbitration panel; 2) the trial court did not err in ruling that the entirety of the arbitration provision was unenforceable on the grounds of unconscionability; and 3) the petitioner did not become bound by an arbitration provision in the company handbook after the termination of the employment agreement.

Appellate Information

• Decided 02/16/2012
• Published 02/16/2012

Judges

• Needham

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Curley, Hessinger & Johnsrud, Charles H. Jung