Supreme Court of California

In a dispute over the sale of a care, brought as a class action against sellers who moved to compel arbitration per the terms of the sales contract, the Court of Appeal’s judgment that the arbitration appeal provision and the arbitration agreement as a whole were unconscionably one-sided is reversed where the US Supreme Court decision in ATnull;T Mobility LLC v. Concepcion (2011) 563 U.S. __ [131 S.Ct. 1740] requires enforcement of the class waiver but does not limit the unconscionability rules applicable to other provisions of the arbitration agreement, thus the Court of Appeal erred as a matter of state law in finding the agreement unconscionable.

Appellate Information

• Decided 08/03/2015
• Published 08/03/2015

Judges

• Liu

Court

• Supreme Court of California

Counsel