Pimpo v. Fitness International CA4/1
Cortney Pimpo filed a lawsuit against her former employer, Fitness International, LLC, alleging, inter alia, she was sexually harassed by a coworker. Fitness International filed a motion to compel arbitration. The superior court denied the motion. Fitness International contends the superior court erroneously concluded: (1) the arbitration agreement was unconscionable and (2) the motion could be denied under Code of Civil Procedure section 1281.2, subdivision (c).
We affirm. The arbitration agreement was contained in an employment application Pimpo submitted electronically. By its own terms, the application expired before Pimpo filed suit; thus, Fitness International could not rely on the arbitration agreement to compel arbitration. In addition, we agree with the superior court that the arbitration agreement was unconscionable. Therefore, the court properly denied Fitness International's motion for that reason as well.
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