What is the effect of a unilateral amendment to a Bank of America (i.e. an amendment to the Bank of California Act) requiring a plaintiff to pay off the balance of his account to arbitration?

Under these facts, enforcement of the provision would also fly in the face of California public policy. In Szetela v. Discover Bank (2002) 97 Cal.App.4th 1094, 118 Cal.Rptr.2d 862, we upheld a unilateral amendment adding an arbitration provision. But the amendment gave the plaintiff the option to close his account if he did not agree to arbitration. Thus, there the plaintiff actually could have paid off the balance and avoided arbitration.