Kenneth Bosinger v. Belden CDT, Inc.

Plaintiff Kenneth Bosinger appeals the district court’s order granting summary judgment in favor of Belden CDT, Inc. on Bosinger’s claims for breach of contract, violations of California’s Unfair Competition Law, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. We affirm.

Pursuant to Section 1670.5 of the California Civil Code, a court may refuse to enforce a contract or individual clause if it finds, as a matter of law, that the contract oi' provision was unconscionable at the time it was made. California courts have established that “[u]nder California law, a contract provision is unenforceable due to unconscionability only if it is both procedurally and substantively unconscionable.” Shroyer v. New Cingular Wireless Services, Inc., 498 F.3d 976, 981 (9th Cir.2007). The provision at issue here was not.

Substantive unconscionability “focuses on the terms of the agreement and whether those terms are so one-sided as to shock the conscience.” Davis v. O’Melveny & Myers, 485 F.3d 1066, 1075 (9th Cir.2007) (emphasis in original). The undisputed facts indicate that Bosinger had a continual and meaningful responsibility to service his accounts…