Carlson
Carlson v. Home Team Pest Defense, Inc.
Opinion
Opinion
Ruvolo, J.
I.
INTRODUCTION
Respondent Julie A. Carlson (Carlson) filed this wrongful termination action against her former employer Home Team Pest Defense, Inc., and related parties (collectively Home). The trial court denied Home’s motion to compel arbitration of Carlson’s claims, finding that an arbitration agreement Carlson signed when Home first hired her was procedurally and substantively unconscionable. We agree with the trial court’s conclusions and also reject Home’s contentions that (1) state law unconscionability principles are preempted by the Federal Arbitration Act (FAA) ( 9 U.S.C. § 1 et seq.), and (2) the trial court abused its discretion by refusing to sever unconscionable provisions from the agreement in this case. Accordingly, we affirm the order denying Home’s motion to compel arbitration.
II.
PROCEDURAL AND FACTUAL BACKGROUND
A. The Complaint
In January 2014, Carlson filed a complaint against Home in which she alleged that she was employed as the office manager at Home’s Antioch office from February 4, 2013, until her wrongful termination on July 1, 2013. Carlson sought damages and attorney fees for wrongful termination, harassment, breach of her employment…