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Cook v. University of Southern California et al. (CA2/4 B330640 5/24/24) Arbitration | Unconscionability

By May 24, 2024June 24th, 2024Uncategorized

An arbitration agreement of infinite duration requires an employee to arbitrate all claims against the employer, its agents, affiliates, and employees irrespective of whether they arise from the employment relationship.  We hold such an arbitration agreement is unconscionable.  Plaintiff filed a lawsuit against her employer and two coworkers alleging discrimination and harassment in the course of her employment.  The defendants collectively moved to compel arbitration under an arbitration agreement signed by the plaintiff as a condition of employment.  The trial court denied the motion to compel arbitration, finding the arbitration agreement was permeated by unconscionability, which could not be severed from the agreement.  The defendants appeal the trial court’s denial of their motion to compel arbitration.  We affirm.