Mercuro 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.

• concluding that Armendariz factors apply to Labor Code violations and all claims under any statute enacted for a public reason
• finding an IP claim carve out provision substantively unconscionable because the “agreement exempts from arbitration the claims Countrywide is most likely to bring against its employees”
• noting that workers’ compensation and unemployment 27 benefits are covered by their own adjudicatory systems and are not properly subject to arbitration and that benefit and pension claims are exempt only if they are covered by some other arbitration 28 agreement
• finding substantive unconscionability because of (1) a lack of mutuality in agreement 20 excluding all claims related to trade secrets, unfair competition, or confidential information from 21 arbitration; and (2
• “Given Countrywide’s highly oppressive conduct in securing Mercuro’s consent to its arbitration agreement, he need only make a minimal showing of the agreement’s substantive unconscionability.”
• arbitration forum, though equally applicable to both parties, relevant to finding of unconscionability because \repeat player effect\ rendered provision disadvantageous to weaker party

Source: CourtListener parenthetical corpus (CC0).