Sonic-Calabasas A, Inc., Plaintiff and Appellant v. Frank Moreno, De — Chin, J., Concurring in Part and Dissenting…

Summary

Justice Chin's separate opinion agrees that federal law preempts the prior public-policy rationale invalidating the arbitration agreement, but would reject the unconscionability challenge rather than remand. He reasons that Moreno forfeited the defense, that the agreement is not unconscionable under California's existing standard, and that the majority's proposed case-by-case affordability and accessibility inquiry is vague, speculative, and federally preempted. Justice Corrigan, concurring, agrees that the agreement should be evaluated under the "shock the conscience" standard but joins the remand because the unconscionability issue was not developed below.