California, United States of America
The following excerpt is from Lopez v. Bartlett Care Ctr., LLC, 251 Cal.Rptr.3d 813, 39 Cal.App.5th 311 (Cal. App. 2019):
"Whether an agreement is unconscionable presents a question of law which we review de novo. But factual issues may bear on that determination. [Citations]. Thus, to the extent the trial court's determination that the arbitration agreement was unconscionable turned on the resolution of conflicts in the evidence or on factual inferences to be drawn from the evidence, we consider the evidence in the light most favorable to the trial court's ruling and review the trial court's factual determinations under the substantial evidence standard. [Citation.]" ( Williams v. Atria Las Posas (2018) 24 Cal.App.5th 1048, 1055, 235 Cal.Rptr.3d 341.)
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