California Supreme Court

Sonic-Calabasas A, Inc., Plaintiff and Appellant v. Frank Moreno, Defendant and Respondent — Corrigan, J., Concurring

October 17, 201357 Cal. 4th 1109

Summary

Justice Corrigan concurred in the result and agreed that the case should be remanded for the trial court to determine the unconscionability defense. She would have articulated a clear "shock the conscience" standard, under which relinquishing Berman procedures alone would not establish unconscionability, while emphasizing that the defense remains fact-specific. Justice Chin, concurring in part and dissenting in part, would have rejected the unconscionability claim without remand and criticized the majority's proposed approach as vague and preempted by the FAA.