In Ajamian v. CantorCO2e, L.P. (2012) 203 Cal.App.4th 771, the Court of Appeal "seriously questioned" whether the incorporation of AAA rules into an agreement provided clear and unmistakable evidence that an employer and employee intended to submit the issue of unconscionability of an arbitration provision to the arbitrator. (Ajamian, at p. 790.) But the observation was dicta; the Ajamian court expressly did not decide that question because there was a different reason in that case to conclude the parties had not so intended: the employment agreement at issue "did not mandate that AAA rules would necessarily apply. Instead, the arbitration clause stated that the arbitration would be held according to the National Association of Securities Dealers rules, AAA rules, or the rules of 'any other alternative dispute resolution organization' selected by defendant in its sole discretion." (Ajamian, at p. 791.) Furthermore, in that case, other provisions in the employment agreement suggested that the court (as opposed to the arbitrator) might find contractual provisions unenforceable, creating additional ambiguity. (Id. at pp. 791-792.)