Martinez

Martinez v. Master Protection Corp.

Good Law
118 Cal. App. 4th 107·12 Cal. Rptr. 3d 663·2004 Cal. App. LEXIS 638·2004 Daily Journal DAR 5214·2004 Cal. Daily Op. Serv. 3744
Court of Appeal of CaliforniaApril 15, 2004B166087California4,696 words

Opinion

Opinion

Boland, J.

When plaintiff Tony Martinez, Jr. was hired as a salesperson for defendant Master Protection Corporation, doing business as FireMaster, he signed an arbitration agreement providing that all claims related to his employment, including claims for statutory violations, torts and discrimination, would be subject to arbitration. Martinez, whom the trial court ordered into arbitration, contends the arbitration agreement is unconscionable and unenforceable. Martinez also contends the court erred in appointing an arbitrator after the arbitral forum chosen by the parties refused to conduct the arbitration.

We conclude the arbitration agreement is procedurally and substantively unconscionable, permeated with illegality, and unenforceable. We further conclude the trial court lacked authority to appoint an arbitrator after the chosen arbitral forum refused to conduct the arbitration.

FACTUAL AND PROCEDURAL BACKGROUND

FireMaster hired Martinez in Summer 1999. Martinez was terminated by FireMaster in April 2000. In February 2001, Martinez sued FireMaster for alleged Labor Code violations, national origin discrimination in violation of the Fair Employment and Housing Act (FEHA),…

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