Concepcion Does Not Bar Unconscionability Doctrine, Court Rules

LOS ANGELES - The U.S. Supreme Court's recent ruling in AT & T Mobility LLC v. Concepcion does not prevent a court from applying the unconscionability doctrine in deciding whether an arbitration provision is unenforceable, a California appellate court has ruled. Sanchez v. Valencia Holding Company LLC, No. B228027 (Calif. App. Ct., 2nd Dist.).

The California Court of Appeal, 2nd District, held that the arbitration provision in a vehicle sales contract is unconscionable because it contained harsh terms that were one-sided in favor of the car dealer to the detriment of the buyer.

In August 2008, Gil Sanchez visited …