Pichly
Pichly v. Nortech Waste
Opinion
Opinion
Plaintiffs Alice Pichly and Thomas Keshishian sued Nortech Waste LLC as a result of their employment and termination at Nortech. Pursuant to an arbitration clause in the employment contract, Nortech petitioned to compel arbitration, but the trial court denied the petition, finding it both procedurally and substantively unconscionable. The matter was argued before this court on June 28, 1999. In an opinion issued on July 9, 1999, we reversed, holding that the arbitration clause is not unconscionable and, therefore, must be enforced.
The California Supreme Court granted the plaintiffs' petition for review. After deciding Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83 , 99 Cal.Rptr.2d 745 , 6 P.3d 669 (hereafter Armendariz ), the Supreme Court transferred this case to this court with directions to vacate our decision and to reconsider in light of Armendariz . Having done so, we again reverse the order denying Nortech's petition to compel arbitration.
On October 2, 1995, Nortech sent plaintiff Alice Pichly a letter offering her employment as a truck driver. Enclosed was an employment contract. The letter notified her that it constituted…