Cal. Court of Appeals Upholds Trial Court Finding that Unconscionable Provision of Arbitration Agreement Could not be Severed

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On 2/24/25, in Ramirez v. Charter Communications, Inc., the California Court of Appeals issued an opinion affirming a trial court's ruling not to sever unconscionable provisions of an arbitration agreement in a case involving claims brought under the California Fair Employment and Housing Act (FEHA). The challenged provisions included those: describing which claims were subject to and excluded from arbitration; imposing a shortened filing period for certain claims; limiting discovery available in arbitration; and allowing the employer to recover attorneys' fees in a manner contrary to FEHA. The Court found that severing the unconscionable provisions would not further the interests of justice under Ramirez v. Charter Communications, Inc. 

https://www4.courts.ca.gov/opinions/documents/B309408A.PDF

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