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Unconscionability

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Defendant residential care facility's arbitration clause was procedurally unconscionable as (i) it was a contract of adhesion, (ii) it incorporated the AAA rules but no copy of them was provided, and (iii) the facility required a patient undergoing an acute psychotic incident, who could not concentrate for more than 10-20 seconds to sign the clause.  The clause was substantively unconscionable… Read More

Employer's arbitration clause was unenforceable because it was unconscionable.  The clause was a mandatory, non-negotiable requirement of employment.  It was procedurally unconscionable because it was given to plaintiff only in English, which he cannot read, and without a schedule of the arbitration fees he could be charged.  It was substantively unconscionable because it allowed the arbitrator to shift attorney fees… Read More

This decision rejects Christine Chui's argument that she should not be bound by a settlement of a suit brought against her by other children of the same deceased parents, claiming that she had committed elder abuse against the parents and had, as trustee of their inter vivos trust, misappropriated the trust's funds.  The settlement agreement was not procedurally unconscionable.  The… Read More