Cisneros Alvarez v. Altamed Health Services Corp.
Annotate this CaseThe Court of Appeal reversed the trial court's denial of Altamed's motion to compel arbitration of plaintiff's employment-related claims. The court concluded that the trial court erred in denying the motion to compel arbitration. The court explained that the arbitration agreement is valid where plaintiff knowingly waived her right to a jury trial and the signature of Altamed's CEO was not required on the arbitration agreement. The court also concluded that any unconscionability in the arbitration agreement does not provide grounds for revocation or non-enforcement. However, the court concluded that the second review provision appears entirely severable from the remainder of the agreement and removing it would remove the only instance of substantive unconscionability. Therefore, the court ordered Paragraph 5 authorizing review by a second arbitrator severed, and remanded for the trial court to enter an order granting the motion to arbitrate.
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