California Court of Appeal
Malone v. Superior Court (California Bank and Trust), B253891
A petition for a writ of mandate challenging the trial court's grant of defendant-employer's motion to compel arbitration is denied, where: 1) the arbitration agreement contained a "delegation clause" providing that issues relating to the enforceability of the arbitration agreement were themselves delegated to the arbitrator for resolution; 2) prior California case law had held that such clauses were unenforceable; and 3) a portion of the rationale underlying these cases is no longer viable after AT&T Mobility LLC v. Concepcion (2011) ___ U.S. ___, and what remains of the cases is an insufficient basis on which to establish unconscionability of the delegation clause in the instant matter.
Appellate Information
- Decided 06/17/2014
- Published 06/17/2014
Judges
- CROSKEY
Court
- California Court of Appeal