BERNADETTE MAGNO et al., Plaintiffs and Respondents, v. THE COLLEGE NETWORK, INC., Defendant and Appellant., 1 Cal. App. 5th 277

Summary

HOLDINGS: [1]-The arbitration provision in a foreign defendant's purchase agreement was so one-sided as to be substantively unconscionable; [2]-Substantial evidence supported the trial court's finding that plaintiffs were unaware of the arbitration provision altogether, much less its forum selection in Indiana; [3]-Combined with the high degree of procedural unconscionability, the arbitration provision as drafted was unconscionable and, therefore, unenforceable; [4]-The trial court did not abuse its discretion in voiding the entire arbitration agreement rather than severing unconscionable terms because some of the terms, such as the arbitrator selection procedure, could only be remedied by re-writing the parties' agreement to arbitrate.