In Trivedi v. Curexo Technology Corp. (2010) 189 Cal.App.4th 387 the Court found a provision in an arbitration agreement that "allows for the recovery of attorney fees and costs by the prevailing party in an arbitration" to be substantively unconscionable because it improperly gave the arbitrator the power to assess attorney fees against a losing plaintiff regardless of whether the action was frivolous, unreasonable, without foundation, or brought in bad faith--as required by FEHA before a losing plaintiff will be required to pay attorney fees. (189 Cal.App.4th at p. 394.)