Misty Ferguson v. Countrywide Credit Industries, Inc., Countrywide Home Loans, Inc., and Leo Deleon Does 1-10, Inclusive

Misty Ferguson (“Ferguson”) filed a complaint against Countrywide Credit Industries, Inc. (“Countrywide”) and her supervisor, Leo DeLeon (“DeLeon”), alleging causes of action under federal and state law for sexual harassment, retaliation, and hostile work environment. Countrywide filed a petition for an order compelling arbitration of Ferguson’s claims. The district court denied Countrywide’s petition on the grounds that Countrywide’s arbitration agreement is unenforceable based on the doctrine of unconscionability and that Ferguson cannot be compelled to arbitrate her Title VII employment discrimination claims. Countrywide appeals this decision. We have jurisdiction under 9 U.S.C. § 16 (a)(1)(B). We review de novo a district court’s denial of a motion to compel arbitration, United Food & Commercial Workers Union, Local 770 v. Geldin Meat Co., 13 F.3d 1365, 1368 (9th Cir.1994), and affirm on the ground that the arbitration agreement is unconscionable.

I.

FACTUAL and PROCEDURAL HISTORY

Ferguson filed a complaint against Countrywide and DeLeon, alleging causes of action for sexual harassment, retaliation, and hostile work environment under Title VII of the Civil Rights…