Bolter v. Superior Court (Harris Research, Inc.) (2001)

[Modification of Opinion (87 Cal.App.4th 900) on denial of petition for rehearing.]

FLORENCE BOLTER et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; HARRIS RESEARCH, INC., Real Party in Interest.

O'LEARY, J.-

It is ordered that the opinion filed herein on March 9, 2001, be modified as follows:

1. In the final paragraph of the opinion on page 13 [87 Cal. App. 4th 911, advance report, 1st par.], delete the first sentence and replace with the following: Let a writ of mandate issue directing the superior court to vacate its judgment and enter a new and different order striking the provisions of the agreement mandating that all arbitrations take place in the State of Utah.

2. In the second full paragraph on page 12, delete the fourth sentence [87 Cal. App. 4th 911, advance report, lines 3-7] and replace it with the following: The unconscionable provisions contained in the agreement relating to the arbitration of all controversies, disputes or claims in Salt Lake City, Utah, are clearly severable from the remainder of the arbitration agreement. (Cf. id. at pp. 123-127 [court found arbitration agreement permeated by an unlawful purpose due to number of defects].)

There is no change in judgment.

The petition for rehearing is denied.

Crosby, Acting P. J., and Bedsworth, J., concurred.