Tiri v. Lucky Chances, Inc

In Tiri v. Lucky Chances, Inc. (2014) 226 Cal.App.4th 231, the Court pointed out in a footnote that Trivedi v. Curexo Technology Corp. (2010) is just one of many authorities concluding an employer's "failure to provide the employee with a copy of the AAA rules supports a determination that the arbitration agreement as a whole was procedurally unconscionable ... ." (Id. at p. 246, fn. 9.) However, that footnote also cites other cases that have found the failure to attach the applicable AAA rules alone did not render the agreement procedurally unconscionable. (Ibid.) In Tiri, supra, 226 Cal.App.4th 231, the Court credited the context in which the agreement was signed as being important to our fact-specific determination of whether a delegation clause, allowing an arbitrator to determine enforceability of the arbitration agreement, was procedurally unconscionable. (Id. at p. 246.)