Tuesday, April 12, 2022
Nunez v. Cycad Management
Substantial evidence supported factual findings that an arbitration agreement was adhesive where it was presented to a worker as a nonnegotiable condition of his employment; the contract was procedurally unconscionable because it was given to the worker in English, which he cannot read, without adequate explanation or a fee schedule; it is substantively unconscionable because it allows the arbitrator to shift attorney fees and costs onto the worker and drastically limits his ability to conduct discovery.
Nunez v. Cycad Management - filed March 18, 2022, publication ordered April 11, 2022, Second District, Div. Two
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