AJZ's Hauling, L.L.C. v. TruNorth Warranty Program of N. Am.

Citations

• 2021 Ohio 1190

Syllabus

Motion to stay motion to compel arbitration arbitration agreement motion to dismiss jurisdiction venue forum selection clause res judicata final appealable order R.C. 2711.02 hearing R.C. 2711.03 unconscionability procedural unconscionability substantive unconscionability. The trial court did not err denying appellant's motion to stay proceedings and compel arbitration, or alternatively to dismiss for lack of personal jurisdiction, subject matter jurisdiction, and improper venue. The arbitration agreement in this case is both procedurally and substantively unconscionable. Enforcement of the forum selection provision would be unreasonable and unjust, and effectively deny appellee its day in court. Based on the totality of the circumstances in this case, the trial court's failure to hold an evidentiary hearing on appellant's motion to stay and compel arbitration was not reversible error. Res judicata did not bar appellee from challenging the enforceability of the arbitration agreement in the second civil action.