Daily Archives: October 4, 2013

Sonic-Calabasas v. Moreno, 2013 DJDAR 13893

FindLaw Summary: In light of AT&T Mobility LLC v. Concepcion (2011) 563 U.S. __: 1) contrary to Sonic I, the Federal Arbitration Agreement (FAA) preempts our state-law rule categorically prohibiting waiver of a Berman hearing (a dispute resolution forum established by the Legislature to assist employees in recovering wages owed) in a predispute arbitration agreement imposed on an employee as a condition of employment; 2) at the same time, state courts may continue to enforce unconscionability rules that do not interfere with fundamental attributes of arbitration; and 3) because evidence relevant to the unconscionability claim was not developed below, the matter is remanded to the trial court to determine whether the present arbitration agreement is unconscionable under the principles set forth in this opinion.