Morris v. Redwood Empire Bancorp

How courts have described this case

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

• finding 10 no unfair surprise where arbitration provisions were offset with a “clear heading”
• “In California, two separate approaches have developed for determining whether a contract or provisions thereof [are] unconscionable”
• not finding procedural unconscionability in the contract at issue, but noting, “[w]e recognize the concept of unconscionability applies to businesses as well as consumers.”
• “Although adhesion contracts often are procedurally oppressive, this is not always the case.”
• \An undefined standard of what is 'unfair' fails to give businesses adequate guidelines as to what conduct may be challenged and thus enjoined and may sanction arbitrary or unpredictable decisions about what is fair or unfair.\ (internal quotation marks omitted)
• 'Where a contract for a specified period of time permits a party to terminate the agreement before its expiration in exchange for a lump-sum monetary payment, the payment is considered merely an alternative to performance, and not a penalty.'

Source: CourtListener parenthetical corpus (CC0).