What is the test for establishing procedural unconscionability?

California, United States of America


The following excerpt is from Quiroz v. E.A. Renfroe & Co., C082316 (Cal. App. 2017):

3. Respondents rely primarily on Anderson v. Ashby (Ala. 2003) 873 So.2d 168, to suggest they have established procedural unconscionability. Yet, in that case, the plaintiff submitted market evidence regarding which financial institutions in the area at the time that she and her husband applied for their loan required an arbitration agreement. (Id. at pp. 184-185.) The plaintiff had limited reading ability, and her husbandwho also signed the documents containing arbitration provisionswas unable to read or write. (Id. at p. 169.) Thus, there is no meaningful comparison to respondents' appeal.

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