Carlson

Carlson v. Home Team Pest Defense, Inc.

Good Law
191 Cal. Rptr. 3d 29·2015 Cal. App. LEXIS 702·239 Cal. App. 4th 619
Court of Appeal of CaliforniaAugust 17, 2015A142219California7,252 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.