Higgins

In this writ proceeding, five siblings who appeared in an episode of the television program Extreme Makeover: Home Edition (Extreme Makeover) challenge an order compelling them to arbitrate most of their claims against various entities involved with the production and broadcast of the program. Petitioners claim the arbitration clause contained in a written agreement they executed before the program was broadcast is unconscionable. We agree. Accordingly, we grant the petition for writ of mandate.

FACTUAL AND PROCEDURAL BACKGROUND

Petitioners Charles, Michael, Charis, Joshua, and Jeremiah Higgins are siblings. In February 2005, when they executed the agreement whose arbitration provision is at issue, they were 21, 19, 17, 16, and 14 years old, respectively.

Real parties in interest, to whom we refer collectively as the television defendants, are (1) American Broadcasting Companies, Inc., the network that broadcasts Extreme Makeover, (2) Disney/ABC International Television, Inc., which asserts it had no involvement with the Extreme Makeover program in which petitioners appeared; (3) Lock and Key Productions, the show’s producer; (4) Endemol USA, Inc., which is also…