Clark v. Renaissance West, L.L.C

In Clark v. Renaissance West, L.L.C., 232 Ariz. 510, 512,8, 307 P.3d 77, 79 (App. 2013), the Court affirmed the superior court's determination that an arbitration agreement was substantively unconscionable based on excessive fees and costs. Id. at 515,21, 307 P.3d at 82. The plaintiff in Clark presented expert testimony regarding the likely hourly rate of arbitrators, the number and types of witnesses his case would require, and the estimated duration of arbitration proceedings. Id. at 513,14, 307 P.3d at 80. The plaintiff also presented evidence that he was retired, lived on a fixed income based in part on need-based veteran's assistance, and had no savings or stocks. Id. at 514,18, 307 P.3d at 81.