Pettit Kohn’s Employment Attorneys Prevail in Appellate Court Decision

Pettit Kohn Ingrassia Lutz & Dolin Employment Attorneys Jenna Leyton-Jones and Jennifer Suberlak secured a victory enjoyed by few employers in California—the reversal of an order permitting employees to pursue their claims in court instead of arbitration.

In the trial court, the client sought to enforce the employees’ written agreement to resolve all disputes via binding arbitration.  The employees argued that they should be allowed to litigate their claims in court because the subject arbitration agreement was unconscionable.  The trial court agreed and denied the client’s motion to compel arbitration.

Jenna and Jennifer convinced the Third Appellate District panel that the employees failed to carry their burden of proving unconscionability.  The employees made no attempt to inquire about or negotiate the arbitration agreement and presented the weakest of challenges to the propriety of the agreement’s terms.  Accordingly, the Court of Appeal granted Jenna and Jennifer’s request to reverse the trial court’s order, marking a decisive triumph for the client.