CRIPPEN v. CENTRAL VALLEY RV OUTLET, INC.

No. F043836.

22 Cal.Rptr.3d 189 (2004)

124 Cal.App.4th 1159

James CRIPPEN, Plaintiff and Respondent, v. CENTRAL VALLEY RV OUTLET, INC., Defendant and Appellant.

Court of Appeals of California, Fifth District.

December 10, 2004.


Attorney(s) appearing for the Case

Ruyle & Brewer, William K. Brewer; David A. Kay for Defendant and Appellant.

William M. Krieg & Associates, William M. Krieg, Fresno, and Kimberly L. Mayhew for Plaintiff and Respondent.


OPINION

WISEMAN, J.

It is now black letter law that a motion to compel arbitration must be denied if the arbitration agreement is both procedurally and substantively unconscionable. In this case, we focus on procedural unconscionability. We acknowledge that, in some situations, procedural unconscionability can be established simply by examining the written agreement and the nature of the relationship between the parties without the use of extrinsic...

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