California Court of Appeal

In plaintiff's wrongful termination suit against his former employer, trial court's denial of defendant's petition to compel arbitration is affirmed, as the plaintiff is not bound by the arbitration clause because it was included within a lengthy employee handbook, the clause was not called to the attention of plaintiff, and he did not specifically acknowledge or agree to arbitration. Further, the clause is unenforceable as unconscionable because the handbook stated that it was not intended to create a contract and that it could be amended unilaterally by defendant, rendering any agreement illusory.

Appellate Information

• Decided 07/30/2012
• Published 07/30/2012

Judges

• Mosk

Court

• California Court of Appeal

Counsel