The following excerpt is from Rogers v. Nelson, Case No.: 16cv955-L(RBB) (S.D. Cal. 2017):
Plaintiff further contends that the arbitration clause should not be enforced because it is unconscionable under California law. To prevail, Plaintiff must show that the arbitration clause is both procedurally and substantively unconscionable. See Armendariz v. Found. Health Psychcare Servs., Inc., 24 Cal.4th 83, 99 (2000). The procedural element focuses on "oppression or surprise due to unequal bargaining power," and the substantive element focuses on "overly harsh and one-sided results." Id. A sliding scale is applied, so that the more substantively oppressive the contract term, the less evidence of procedural unconscionability is required to find it unenforceable and vice versa. Id.
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