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Arbitration clause unconscionable in plaintiff's suit against former employer for wrongful termination
Trivedi v. Curexo Tech. Corp., A127283, involved a plaintiff's suit against his former employer for wrongful termination, asserting various causes of action, including age discrimination in violation of the Fair Employment and Housing Act (FEHA), race and color discrimination in violation of FEHA, and breach of the parties' employment contract.
In affirming the trial court's denial of defendant's motion to compel arbitration of plaintiff's employment-related claims, the court held that the trial court's determination that the arbitration clause was procedurally and substantively unconscionable is supported by uncontroverted factors. The court also held that the trial court did not err in refusing to sever the unconscionable provisions.