California Court of Appeal

In a suit brought by primarily low-income mobilehome owners who rent land from defendant, alleging contract, tort and statutory causes of action, the trial court's denial of defendants' motion to compel arbitration is affirmed where the arbitration provision was: 1) procedurally unconscionable, as it failed to disclose prohibitively expensive arbitration fees and was neither provided in a Spanish-language copy nor explained to respondents who did not understand written English; and 2) substantively unconscionable as it imposed arbitral fees that were unaffordable or would have substantially deterred respondents from asserting their claims.

Appellate Information

• Published 2016/09/09

Judges

• MANELLA

Court

• California Court of Appeal

Counsel