Court Affirms Order Denying Motion To Compel Arbitration.
"On a sliding scale, the procedural and substantive unconscionability as to this arbitration agreement is high." Hasty v. American Automobile Assn. of Northern Cal., Nev. & Utah , C097674 (3rd Dist. pub. 1/6/24) (Robie, Mauro, Krause). The order denying the AAA's petition to compel arbitration is affirmed.
COMMENT. Drafting an employee-employer arbitration agreement involves competing considerations. On the one hand, there is a natural desire on the part of employer's counsel to include provisions that advantage the client. On the other hand, there is the risk that the drafter will make the adhesion arbitration agreement too one-sided, and a court will find the arbitration agreement unconscionable.
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