Torrecillas v. Fitness International, LLCAnnotate this Case
The Court of Appeal reversed the trial court's denial of Fitness's motion to compel arbitration in an employment dispute with plaintiff. The court held that the arbitration agreement was not procedurally unconscionable where both the 2008 and 2013 agreements had no elements of surprise. Furthermore, plaintiff failed to point to any instances of oppression. The court also held that the arbitration agreement was not substantively unconscionable where plaintiff's deal with Fitness does not shock the conscience, for its terms are standard rather than shocking. Finally, the court rejected plaintiff's claim of issue preclusion.