Gabriel v. Island Pacific Academy, Inc.

OPINION OF THE COURT BY

McKENNA, J.

I. Introduction

At issue in this ease is whether it is unconscionable to require an employee to pay half the estimated arbitration costs up front in order to access the arbitral forum. We hold that, under the circumstances of this ease, such a requirement is unconscionable and unenforceable. We further hold that, in this case, striking this requirement in the arbitration provision provides an insufficient remedy; rather, the entire arbitration provision must be invalidated.

II. Background

A. Facts

Laura Gabriel (“Gabriel”) taught physical education at Island…