Semcken

Semcken v. Genesis Medical Interventional, Inc.

Good Law
132 F. App'x 155
United States Court of Appeals for the Ninth CircuitMay 19, 2005No. 04-17202California270 words

Opinion

Lead Opinion

MEMORANDUM *

Kevin Semcken sued his former employer, Genesis Medical Interventional, Inc., and individual defendants* William Dubrul and Andrei Manoliu, for claims arising out of the termination of his employment. Genesis filed a motion to stay the action pending arbitration or, alternatively, to *156 dismiss, pursuant to an arbitration clause in Semcken’s employment contract. The district court granted Genesis’s motion, and Semcken appealed.

We find the arbitration clause enforceable and affirm the district court’s dismissal. Semcken failed to show the lack of a meaningful opportunity to negotiate the inclusion of the arbitration clause in his employment contract, and therefore cannot demonstrate procedural unconscionability through oppression. See Abramson v. Juniper Networks, Inc., 115 Cal.App.4th 638 , 9 Cal.Rptr.3d 422, 435-36 (Ct.App.2004). Because both procedural and substantive unconscionability must be present for a court to invalidate an agreement as unconscionable, see Armendariz v. Foundation Health Psychcare Servs., Inc., 24 Cal.4th 83 , 99 Cal.Rptr.2d 745 , 6 P.3d 669, 690 (2000), we need not reach the issue of substantive unconscionability, see Nagrampa v.…

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