Somers

Somers v. Pletcher CA2/5

Good Law
Court of Appeal of CaliforniaOctober 8, 2015B253975California4,746 words

Opinion

Opinion

INTRODUCTION

Defendants Mitchell Pletcher, Mitchell Anthony Productions, LLC (the production company), and Concord Investment Counsel appeal from an order denying their motion to compel arbitration. (Code Civ. Proc., § 1294, subd. (a) [an order denying a motion to compel arbitration is directly appealable.].) Plaintiff, Keith Somers, was employed by the production company as an actor, dancer, and vocalist for a theatrical show. He filed a complaint against defendants and others for various causes of action, including violations of the Fair Employment and Housing Act. Defendants moved to compel arbitration, citing an arbitration agreement signed by plaintiff and the production company. Plaintiff opposed the motion on various grounds, including the ground that the agreement was unconscionable. The trial court denied the defendants’ motion. In the appeal, defendants contend the agreement is not unconscionable and should be enforced. We affirm the order denying the motion to compel arbitration.

BACKGROUND

A. Plaintiff’s Complaint

In a verified first amended complaint filed on August 2, 2013,1 plaintiff alleges the following. Mr. Pletcher resides in Irvine, California. He is a sole…

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