· 3/29/1999
Kinney v. United Healthcare Services, Inc.
Citations
- 83 Cal. Rptr. 2d 348
- 70 Cal. App. 4th 1322
- 99 Cal. Daily Op. Serv. 2304
- 99 Daily Journal DAR 2980
- 1999 Cal. App. LEXIS 255
- 79 Fair Empl. Prac. Cas. (BNA) 894
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that procedural uncon-scionability is properly evaluated at the time a contract is negotiated
- explaining 24 that oppression arises from an inequality of bargaining power devoid of any real 25 negotiations, and surprise relates to whether or not the terms of the contract are hidden 26 by using excess text in contract
- “Faced with the issue of whether a unilateral obligation to arbitrate is unconscionable, we conclude that it is.”
- agreement was a contract of 28 adhesion where “each employee was required to acknowledge his or her consent to its terms, 1 including the arbitration provision, as a condition of continued employment with the company” 2 and “had no opportunity to negotiate regarding the terms”
Source: CourtListener parenthetical corpus (CC0).
Judges: McINTYRE
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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