California, United States of America
The following excerpt is from Tourangeau v. LBL Ins. Services, Inc., G038637 (Cal. App. 5/6/2008), G038637 (Cal. App. 2008):
The parties agree the standard of review is de novo. They are correct. "Unconscionability is ultimately a question of law for the court." (Flores v. Transamerica HomeFirst, Inc. (2001) 93 Cal.App.4th 846, 851.) "`It is true that numerous factual inquiries bear upon that question . . . and to the extent there are conflicts in the evidence or in the factual inferences which may be drawn therefrom, we consider the evidence in the light most favorable to the judgment. [Citations.] In the present case, however, the extrinsic evidence was undisputed. Consequently, we review the [arbitration provision] de novo to determine unconscionability.'" (Ibid.)
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