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Davis v. Kozak (CA1/3 A156234 8/19/20) Arbitration/FEHA

By September 22, 2020Uncategorized

Two cans of Red Bull Energy DrinkThis consolidated appeal arises out of plaintiff Scott Davis’s lawsuit against executives of Red Bull North America, Inc. (Red Bull) for age and sex harassment in violation of the Fair Employment and Housing Act (FEHA, Gov. Code § 12940) and related tort claims.  Red Bull and its executives appeal from the trial court’s orders denying their motions to compel arbitration of Davis’s claims.  We conclude that the arbitration agreement between Davis and Red Bull was unconscionable and unenforceable, and that the trial court properly refused enforcement of the entire agreement.  Accordingly, we affirm.