PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........Unconscionability
............Class Waiver
7 Cards On This Topic:

State's refusal to enforce class waiver b/c of public policy or unconscionability is preempted by the FAA; arb agrmt requiring employee to give up right to bring representative PAGA actions in any forum is contrary to public policy.

In some circs, law in Cal. is that class action waivers in consumer contracts of adhesion are unenforceable, whether consumer asked to waive right to class action or right to classwide arbitration—FAA does not preempt Cal. in this.

Class action P's argument—that employer arb. agreement's class action waiver was unenforceable under Gentry—was rejected by Iskanian and binding on Court of Appeal.

Law of the case inapplicable where intervening Iskanian decision held that Concepcion precludes an order denying arbitration on grounds on which Court of Appeal relied in Franco I.

No procedural unconscionability in walnut purchasing agreement with waiver clause where D processor did not have superior bargaining strength and P producers had other alternatives than to sign agreement.

Class arbitration waiver re violations of meal and rest period laws and provision preventing P from acting as private attorney general were both unconscionable and agrmt was unenforceable in its entirety.

High degree of procedural unconscionability of employment arbitration agreement as a whole together with the substantive unconscionability of class arbitration waiver rendered provision unconscionable.