Higgins v. Superior Court of Los Angeles County
California Court of Appeal
45 Cal. Rptr. 3d 293 (2006)
Charles Higgins, 21, became guardian of his minor siblings (plaintiffs) after their parents' deaths and moved in with the Leomatis to be featured on a home-renovation television program; Higgins reviewed the resulting 24-page agreement for only five to ten minutes before signing, and its miscellaneous section contained an unhighlighted arbitration clause requiring only the Higginses to arbitrate, barring their appeal of any arbitration decision, and splitting arbitration costs between the parties. After the renovation was completed and the show aired, the Leomatis evicted the Higgins family, who then sued the networks, producers, construction crew, and the Leomatis (defendants); the defendants successfully compelled arbitration for most claims, and the Higginses sought a writ of mandate arguing the arbitration clause was unconscionable.
Whether a party can avoid enforcement of an arbitration clause on the ground that it is unconscionable.