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California Supreme Court

Nov. 5, 2025

State Supreme Court questions fairness of illegible arbitration agreement

The high court heard arguments Tuesday over whether an arbitration agreement that a job applicant couldn't realistically read is unenforceable--even if its terms are fair. Justices appeared skeptical of a lower court's ruling favoring a car dealership, focusing on whether the contract's illegibility made it unconscionable.

State Supreme Court questions fairness of illegible arbitration agreement
Glenn A. Danas of Clarkson Law Firm PC

The state Supreme Court considered Tuesday whether an arbitration agreement is unenforceable if it is impossible for a prospective employee to read -- even if its contents are fair.

Justices seemed inclined to reverse a 2nd District Court of Appeal decision in a car dealership's favor, but more likely on the unconscionability of the agreement because it was difficult to read and not on whether a contract was formed, an issue not raised at the appellate court.

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