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The California Supreme Court (the “Court”) has confirmed that an arbitration agreement’s formatting—standing alone—does not render its terms substantively unconscionable, even where the text is difficult to read.1 The Court...more
In Fuentes v. Empire Nissan, Inc., the California Supreme Court recently issued an opinion calling on courts to “closely scrutinize” arbitration agreements for substantive unconscionability where there is extreme procedural...more
The California Supreme Court held that illegibility and tiny font are matters of procedural, not substantive, unconscionability. However, courts must closely scrutinize the terms of hard-to-read agreements for unfairness, and...more
In employment cases, Plaintiff’s claim that arbitration agreements with small or blurry print should not be enforced as substantively and procedurally unconscionable due to the difficulty in reading the words in the contract....more
On February 3, 2026, the California Supreme Court issued its decision in Fuentes v. Empire Nissan, Inc. In this decision, which dealt with an illegible arbitration provision, the Supreme Court reversed the lower court and...more
The California Supreme Court held in Fuentes v. Empire Nissan, Inc. (Feb. 2, 2026) that small or blurry print in an arbitration agreement does not automatically invalidate the agreement as unconscionable. Instead, the Court...more
Several employment-related cases are currently pending before the California Supreme Court, and their outcomes could have a significant impact on workplace policies and risk management for employers and HR professionals....more
This case involves the (much-litigated) issue currently pending before the California Supreme Court in Leeper v. Shipt, Inc., 107 Cal. App. 5th 1001, rev. granted (2025): Does the version of PAGA in effect from 2016 to...more
Even with the statutory clarifications that came along with last year’s PAGA reforms, California courts continue to wrestle with one of the thorniest aspects of the law: whether plaintiffs can maintain particularly troubling...more
On the heels of the California Supreme Court’s ruling in Hohenshelt v. Superior Court, the California Court of Appeal’s recent decision in Wilson v. TAP Worldwide, LLC has provided welcome clarity and significant breathing...more
In Hohenshelt v. Superior Court, the California Supreme Court held that Section 1281.98 of the California Arbitration Act (CAA) is not preempted by the Federal Arbitration Act (FAA). Section 12.81.98 provides that if a party...more
The California Supreme Court recently granted employers a modicum of relief from the harsh consequences of an employer’s failure to timely pay required arbitration fees within the 30-day deadline imposed by California Code of...more
Hohenshelt v. Golden State Foods Corp., 18 Cal. 5th 310 (2025) - In this closely watched case, the California Supreme Court held that California Code of Civil Procedure Section 1281.98 — a do-or-die statute requiring...more
In Leeper v. Shipt, the California Supreme Court will revisit the ongoing question of whether, and to what extent, employees can pursue litigation in court for violation of the California Private Attorneys General Act (PAGA),...more
On 11 August 2025, California employers scored some relief from a rigidly applied arbitration statute with the California Supreme Court’s highly anticipated decision in Hohenshelt v. Superior Court (Hohenshelt)....more
On August 11, 2025, the California Supreme Court issued its decision in Hohenshelt v. Superior Court and peeled away the draconian application of California's arbitration fee statute, California Civil Procedure Code §§...more
I have some good news for California employers seeking to enforce arbitration agreements. The California Supreme Court just held that non-payment of arbitration fees does not automatically waive the right to arbitrate....more
The California Supreme Court’s recent decision in Hohenshelt v. Superior Court addressed whether California’s Code of Civil Procedure section 1281.98, which requires the party that drafted the arbitration agreement to pay...more
After years of appellate cases and several rulings holding California employers to the very strict payment standards of the California Arbitration Act (CAA), the California Supreme Court has, for the first time, addressed...more
The California Supreme Court recently issued a significant decision in Hohenshelt v. Superior Court, holding that the Federal Arbitration Act (FAA) does not preempt California laws requiring businesses to pay consumer or...more
On August 11, 2025, the California Supreme Court issued a decision in the matter of Dana Hohenshelt v. The Superior Court of Los Angeles, ruling that the Federal Arbitration Act (“FAA”) does not preempt the California...more
On August 11, 2025, the Supreme Court of California ruled that the Federal Arbitration Act (FAA) does not preempt a state statute requiring employers to timely pay arbitration fees or forfeit the right to arbitration. The...more
In a highly anticipated decision, the California Supreme Court in Dana Hohenshelt v. Golden State Foods Corp. relieves some pressure for employers, holding that late payment of arbitration fees does not result in an automatic...more
The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration...more
Background: The Thirty-Day Arbitration Fee Rule - In 2019, the California legislature amended the California Arbitration Act (CAA) to require the party who drafts an arbitration agreement to pay all required arbitration...more