Defendants ACCENTCARE, INC.; ACCENTCARE OF CALIFORNIA, INC.; AND MEG SCHULER's Motion to Compel Arbitration is GRANTED. Whether the Court views the 2013 Agreement to Arbitrate or the 2016 Agreement to Arbitrate, it is clear that throughout plaintiff's employment with AccentCare, there was a continuing agreement to arbitrate. Assuming plaintiff is correct that a 2016 Agreement superseded the original 2013 agreement, it also calls for Plaintiff to submit the claims being asserted to arbitration.
While plaintiff argues that that the 2013 Agreement and the 2016 Agreement are unconscionable, plaintiff has not met her burden to show both procedural and substantive unconconscionability. Courts have found that, even in situations where employees are offered contracts of adhesion, the degree of procedural unconscionability is low absent evidence of other oppression or surprise. See Serpa v. Cal. Sur. Investigations, Inc, 215 Cal. App. 4th 695, 704 (2013) The fact that plaintiff did not have e
Hearing Date
July 10, 2017
Category
Civil - Unlimited
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Defendants ACCENTCARE, INC.; ACCENTCARE OF CALIFORNIA, INC.; AND MEG SCHULER's Motion to Compel Arbitration is GRANTED. Whether the Court views the 2013 Agreement to Arbitrate or the 2016 Agreement to Arbitrate, it is clear that throughout plaintiff's employment with AccentCare, there was a continuing agreement to arbitrate. Assuming plaintiff is correct that a 2016 Agreement superseded the original 2013 agreement, it also calls for Plaintiff to submit the claims being asserted to arbitration.
While plaintiff argues that that the 2013 Agreement and the 2016 Agreement are unconscionable, plaintiff has not met her burden to show both procedural and substantive unconconscionability. Courts have found that, even in situations where employees are offered contracts of adhesion, the degree of procedural unconscionability is low absent evidence of other oppression or surprise. See Serpa v. Cal. Sur. Investigations, Inc, 215 Cal. App. 4th 695, 704 (2013) The fact that plaintiff did not have e