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WISDOM v. ACCENTCARE, INC.

No. C065744.

202 Cal.App.4th 591 (2012)

MELISSA WISDOM et al., Plaintiffs and Respondents, v. ACCENTCARE, INC., et al., Defendants and Appellants.

Court of Appeals of California, Third District.

January 3, 2012.

Attorney(s) appearing for the Case

Stradling Yocca Carlson & Rauth, Robert J. Kane , and Peter L. Wucetich , for Defendants and Appellants.

Spinelli, Donald & Nott; LaPlante, Spinelli, Donald & Nott, Domenic D. Spinelli , Amanda S. Uhrhammer , and Monica M. Espejo , for Plaintiffs and Respondents.

OPINION

BLEASE, Acting P. J.—

In this case we decide that a clause in an application for employment with AccentCare, Inc. (AccentCare), requiring only the applicant agree that, if hired, all disputes that cannot be resolved informally will be submitted to binding arbitration is both procedurally and substantively unenforceable as unconscionable.

A court can refuse to enforce an unconscionable provision in a contract. (Civ. Code...

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