Serafin v. Balco Properties Ltd., LLC

How courts have described this case

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

• holding a lower court 20 properly severed substantively unconscionable provisions even when there was contract of 21 adhesion procedural unconscionability
• stating that “[ejvidence confirming the existence of an agreement to arbitrate, despite an unsigned agreement, can be based, for example, on ‘conduct from which one could imply either ratification or implied acceptance of such a provision’ ”
• finding that an arbitration agreement was not illusory because California law prevents a party from exercising a discretionary power in bad faith or in a way that deprives the other party of the benefits of the agreement
• finding “a minimal degree of 22 procedural unconscionability” from a two-page contract of adhesion that unquestionably 23 highlighted the arbitration provisions
• enforcing arbitration clause covering 18 “[a]ny and all claims arising out of or in any way connected with your employment ... must be 19 submitted to binding arbitration.”
• severing two unconscionable provisions-a cost-splitting provision and an attorney's fee provision

Source: CourtListener parenthetical corpus (CC0).