Bolter v. Superior Court

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that enforcement of forum selection clause providing that claims are arbitrated exclusively in Utah would be cost prohibitive in light of fact that the potential claimants located around the country would be required to retain counsel familiar with Utah law
• finding procedural unconscionability 24 where petitioners were told that they had to agree to new “franchise terms” to 25 “continue running their franchises”
• finding the forum selection provision “unduly oppressive” where small “Mom and Pop” franchisees located in California were required to travel to Utah to arbitrate their claims against an international carpet-cleaning franchisor
• “a claim of unconscionability often cannot be determined merely by examining the face of a contract, but will require inquiry into its commercial setting, purpose, and effect.”
• costs of travel, 4 accommodations, hiring counsel familiar with different state’s law, and closing business to 5 litigate matter outside of California would result in significant hardship
• “the unconscionable provisions can be severed and the rest of the agreement enforced”

Source: CourtListener parenthetical corpus (CC0).