California, United States of America
The following excerpt is from Schultz v. City of Hope Nat'l Med. Ctr., B287185 (Cal. App. 2019):
"Procedural unconscionability focuses on the elements of oppression and surprise. [Citation] ' " 'Oppression arises from an inequality of bargaining power which results in no real negotiation and an absence of meaningful choice . . . . Surprise involves the extent to which the terms of the bargain are hidden in a "prolix printed form" drafted by a party in a superior bargaining position.' " ' " (Wayne v. Staples, Inc. (2006) 135 Cal.App.4th 466, 480.) Substantive unconscionability is present if the terms of the agreement create an overly harsh or one-sided result. (Armendariz, supra, 24 Cal.4th at p. 114.)
1. Procedural unconscionability
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