California Court of Appeal

In a suit against plaintiff's former employer, alleging causes of action for breach of contract, conversion, wrongful termination, breach of the covenant of good faith and fair dealing, and failure to pay wages owed and waiting time penalties, the trial court's denial of defendant's petition to compel arbitration on the ground of the arbitration provision was procedurally and substantively unconscionable is reversed and remanded for arbitration where, although the arbitration provision is one-sided, as it excludes any claims arising from the confidentiality agreement plaintiff also signed, that offending exception is readily severable and, on this record, should have been severed.

Appellate Information

• Published 2017/03/23

Judges

• BANKE

Court

• California Court of Appeal

Counsel