California Court of Appeal

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Baltazar v. Forever 21, Inc., B237173

In plaintiff's suit against her former employer and others alleging she was constructively discharged and subjected to discrimination and harassment based on race and sex, trial court's denial of defendant's motion to compel arbitration pursuant to the parties' arbitration agreement is reversed and remanded where: 1) although the arbitration agreement was a contract of adhesion, it was not substantively unconscionable; and 2) a provision in the arbitration agreement allowing either party to seek provisional remedies in court is not unconscionable.

Appellate Information

  • Decided 12/20/2012
  • Published 12/20/2012

Judges

  • Mallano

Court

  • California Court of Appeal

Counsel