Swain v. LaserAway Medical Group, Inc.Annotate this Case
The Court of Appeal affirmed the trial court's denial of LaserAway's petition to compel arbitration of an action brought by plaintiff, alleging that she suffered skin injuries as a result of laser hair removal treatment she received from LaserAway.
The court held that plaintiff met her burden of showing that the arbitration agreement between her and LaserAway was unconscionable. In this case, the arbitration was procedurally unconscionable because the agreement was adhesive, warranting further review of the agreement's substantive terms. The court also held that the agreement had a high degree of substantive unconscionability, rendering it unenforceable. Furthermore, LaserAway failed to show the arbitration agreement was not unconscionable under Code of Civil Procedure section 1295.