In Mission Viejo Emergency Medical Associates v. Beta Healthcare Group___ Cal.App.4th ___ (2011), the Court of Appeal reversed an order denying a motion to compel arbitration in a non-class-action case. As to Concepcion,, the Court of Appeal stated:
We invited the parties to provide their comments on the recent United States Supreme Court case, AT&T Mobility LLC v. Concepcion (2011) __ U.S. __ [131 S.Ct. 1740]. Defendants appear to argue that AT&Tessentially preempts all California law relating to unconscionability. We disagree, as the case simply does not go that far. General state law doctrine pertaining to unconscionability is preserved unless it involves a defense that applies “only to arbitration or that derive[s] [its] meaning from the fact that an agreement to arbitrate is at issue.” (Id. at p. __ [131 S.Ct. at p.1746].) This simply does not apply here.