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The Overtime Blog

After Remand, Gentry Arbitration Petition is Denied

After the Supreme Court decided Gentry v. Superior Court (Circuit City Stores) (2007) 42 Cal.4th 443, it remanded the case so the trial court could make findings under the new standards it had announcedm for enforcement of arbitration agreement. On remand, Los Angeles County Superior Court judge Harold Cherness wrote a lengthy order denying Circuit City’s renewed motion to compel arbitration. The decision holds that the class action waiver, costs provision, a confidentiality provision, some discovery restrictions and the agreement's 1 year statute of limitations were all substantively unconscionable.

Comments

do you have access to the order? can you post it?

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