California Court of Appeal

In this case, plaintiff automobile purchaser brought consumer claims against defendant creditor-assignee of the parties' sales contract. The contract contained an arbitration agreement. Defendant challenges the trial court's order declining to sever certain unconscionable provisions of the arbitration agreement and denying defendant's motion to compel arbitration. The judgment of the trial court is reversed and remained with directions to sever the unconscionable provisions and grant defendant's motion to compel arbitration, where: 1) the unconscionable provisions concern only exceptions to the finality of the arbitration award, and can be deleted without affecting the core purpose and intent of the arbitration agreement; and 2) the deletion of these exceptions creates a binding arbitration award and promotes the fundamental attributes of arbitration, including speed, efficiency, and lower costs.

Appellate Information

• Decided 03/03/2015
• Published 03/03/2015

Judges

• Haller

Court

• California Court of Appeal

Counsel