California Court of Appeal

In a class action alleging that plaintiffs were duped into signing mortgage foreclosure consulting agreements and lost the money they paid for services that were never rendered, the trial court's order granting defendant's motion to compel arbitration is reversed, where: 1) the contract terms are not fatally ambiguous; but 2) the arbitration provision here was unconscionable principally because it applied only to plaintiffs; 3) there was sufficient oppression and surprise to create more than a minimum of procedural unconscionability; and 4) the unconscionable terms cannot be severed.

Appellate Information

• Decided 06/18/2014
• Published 06/18/2014

Judges

• RUBIN

Court

• California Court of Appeal

Counsel