Gil Sanchez, Plaintiff and Respondent v. Valencia Holding Company, L — Chin, J., Concurring in Part and Dissenting…

Summary

Justice Chin's opinion concurs in the judgment enforcing the arbitration agreement but disputes several aspects of the majority's reasoning. He concludes that the class-arbitration waiver is enforceable under federal preemption principles and that Sanchez failed to establish substantive unconscionability; he would not decide procedural unconscionability because it was unnecessary and inadequately resolved below. The opinion also argues that unconscionability should be assessed under a single rigorous "shock the conscience" standard and by examining the arbitration provision and transaction as a whole.