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“Take it or leave it” is evidence of an unconscionable arbitration clause after Sanchez v. Valencia Holding

On Behalf of | Jun 10, 2016 | Civil Procedure |

arbitration clause mouse trap

In Carlson v. Home Team Pest Defense, Inc. (2015) 239 Cal. App.4th 619 [First Dist., Div. Four, relying on pre-Sanchez authorities, but citing Sanchez in a footnote, the court affirms the trial courts denial of employer’s motion to compel arbitration, concluding that the arbitration agreement was unconscionable because it was presented to the employee on a “take it or leave it” basis and was unreasonably one-sided]