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NAGRAMPA v. MAILCOUPS INC.

No. 03-15955.

401 F.3d 1024 (2005)

Connie A. NAGRAMPA, Plaintiff-Appellant, v. MAILCOUPS INC.; the American Arbitration Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 21, 2005.

Attorney(s) appearing for the Case

Kate Gordon, Trial Lawyers for Public Justice, Oakland, CA, argued the cause for appellant; F. Paul Bland, Trial Lawyers for Public Justice, Washington, D.C., and Sanford M. Cipinko, San Francisco, CA, were on the briefs.

Glenn J. Plattner, Jenkens & Gilchrist, Los Angeles, CA, argued the cause for appellee MailCoups, Inc.; Christine S. Oh, Jenkens & Gilchrist, Los Angeles, CA, was on the brief.

Shirley M. Hufstedler and Benjamin J. Fox, Morrison & Foerster, Los Angeles, California, and John S. Warnlof, Warnlof & Sumnick, Walnut Creek, California, were on the brief for appellee American Arbitration Association.

Before O'SCANNLAIN, COWEN, and BEA, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide who determines whether an agreement containing an arbitration clause is unconscionable: the arbitrator or the court.

I

After working for more than seven years in the direct marketing field, Connie A. Nagrampa entered into an agreement with MailCoups, Inc., to operate one of the company's mail-advertising franchises. The document that the parties signed includes a clause requiring the arbitration of any dispute...

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