California Court of Appeal

The trial court's order granting defendants' motion to compel arbitration and to strike the class action allegations is reversed, where: 1) the arbitration provision is procedurally unconscionable because it is adhesive and satisfies the elements of oppression and surprise; 2) the arbitration provision is substantively unconscionable because it contains overly harsh terms that favor the car dealer to the detriment of the buyer; 3) because the provision contains multiple invalid clauses, it is permeated by unconscionability and unenforceable; and 4) because the arbitration provision is invalid, it cannot provide a basis for striking the class allegations in the complaint.

Appellate Information

• Decided 06/04/2013
• Published 06/04/2013

Judges

• MALLANO

Court

• California Court of Appeal

Counsel