context: Ultimately, while acknowledging that it is an extremely close question, the Court concludes that the second element of the Gentry test is met. Consequently, the Court finds that despite the conspicuous opt-out provisions in the 2014 agreements, the Court cannot conclude that the 2014 delegation clauses are without procedural unconscionability altogether; Mohamed's ability to opt-out of the delegation clause was not sufficiently meaningful to eliminate all oppression from the contract.
citation_a.signal: see also
citation_a.identifier: 2009 WL 1709569, at *5
citation_a.parenthetical: concluding that Gentry held generally that "even a contract with an opt-out provision can be a contract of adhesion"
citation_a.sentence: See Gentry, 42 Cal.4th at 451, 64 Cal.Rptr.3d 773 (concluding that arbitration agreement had “an element of procedural unconscionability notwithstanding the opt-out provision”); see also Duran, 2009 WL 1709569, at *5 (concluding that Gentry held generally that “even a contract with an opt-out provision can be a contract of adhesion”). And when combined with the substantial amount of “surprise” drivers would face given the highly inconspicuous nature of the delegation clauses specifically, the Court finds that the 2014 agreements’ delegation clauses contain some procedural unconscionability.
citation_b.signal: see
citation_b.parenthetical: concluding that arbitration agreement had "an element of procedural unconscionability notwithstanding the opt-out provision"
citation_b.sentence: See Gentry, 42 Cal.4th at 451, 64 Cal.Rptr.3d 773 (concluding that arbitration agreement had “an element of procedural unconscionability notwithstanding the opt-out provision”); see also Duran, 2009 WL 1709569, at *5 (concluding that Gentry held generally that “even a contract with an opt-out provision can be a contract of adhesion”). And when combined with the substantial amount of “surprise” drivers would face given the highly inconspicuous nature of the delegation clauses specifically, the Court finds that the 2014 agreements’ delegation clauses contain some procedural unconscionability.