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Prasad v. Pinnacle Property Management Services, LLC

United States District Court for the Northern District of California

2018 WL 4599645 (2018)

Relevant factsFree

Pinnacle (defendant) required all job applicants to sign a take-it-or-leave-it "Issue Resolution Agreement" mandating individual arbitration, waiving class claims, imposing a one-year limitations period on employees only, requiring employees to pay a filing fee to a Pinnacle affiliate plus split arbitration costs, giving Pinnacle unilateral modification rights on 30 days' notice, and requiring confidentiality; Prasad (plaintiff), who claimed she never read or signed the agreement, later brought a putative class action with class, collective, and individual claims against Pinnacle, which moved to compel individual arbitration and stay the class claims.

IssueFree

Whether courts may sever unconscionable terms of an arbitration agreement and enforce the remainder.

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