In plaintiff’s action for wrongful termination, trial court’s denial of defendant’s motion to compel arbitration on the ground that the provision concerning witness depositions was flawed is reversed as the language permitting the arbitrator to expand discovery upon a showing of need removes any taint of unconscionability from the agreement, and even if it’s assumed to be unconscionable, the trial court abused its discretion in refusing to severe it.
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Appellate Information
Filed February 3, 2010
Judges
Opinion by Judge Perren
CounselFor Appellant: Paul, Hastings, Janofsky & Walker, James A. Zapp, Paul W. Cane, Jr., Jessica P. Boskovich; Nordman, Cormany, Hair & Compton, Jonathan Fraser Light, Meghan B. Clark
For Appellee: Law Offices of Rob Hennig and Rob Hennig
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