C.A. 4th;
D066059
The Fourth Appellate District affirmed a judgment in part, reversed in part, and remanded the action for further proceedings. The court held that a broad contractual arbitration provision was enforceable against a consumer plaintiff with the exception of its substantively unconscionable requirement that the arbitrator award payment of all fees and costs to the prevailing party. The court held further that it was for the arbitrator to decide whether the plaintiff’s class claims could be arbitrated where the parties’ arbitration clause incorporated the American Arbitration Association’s rule authorizing the arbitrator to resolve that gateway question.
