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RIZZIO v. SURPASS SR. LIVING LLC

No. 1-CA CV 19-0221.

459 P.3d 1201 (2020)

Concetta RIZZIO, Plaintiff/Appellee, v. SURPASS SENIOR LIVING LLC, et al., Defendants/Appellants.

Court of Appeals of Arizona, Division 1.

FILED January 30, 2020.

Attorney(s) appearing for the Case

Udall Shumway PLC, Mesa, By H. Micheal Wright , Lincoln M. Wright , Counsel for Plaintiff/Appellee.

Lewis Brisbois Bisgaard & Smith LLP, Phoenix, By Kevin C. Nicholas , Bruce C. Smith , Rae Richardson , Counsel for Defendants/Appellants.

Judge Jennifer M. Perkins delivered the opinion of the Court, in which Presiding Judge Samuel A. Thumma and Judge Paul J. McMurdie joined.

OPINION

¶1 This appeal addresses whether an agreement to arbitrate a claim is substantively unconscionable based on arbitration costs when counsel for the party seeking to avoid arbitration has agreed to advance all costs.

¶2 Surpass Senior Living ("Surpass") appeals from a superior court ruling denying...

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