California Court of Appeal

Trial court's denial of order to compel arbitration of suit involving terms of the financing of a used car is reversed, where: 1) the transaction was procedurally unconscionable because the arbitration agreement was imposed on plaintiff without the opportunity for negotiation, and was therefore adhesive; but 2) the level of procedural unconscionability was minimal; and 3) there is an absence of significant substantive unconscionability; and thus, 4) there is no basis for declining to enforce the parties‘ agreement to arbitrate.

Appellate Information

• Decided 03/27/2013
• Published 03/27/2013

Judges

• MARGULIES

Court

• California Court of Appeal

Counsel