Case Updates
California Supreme Court holds that illegible contract formatting goes only to procedural, not substantive, unconscionability, but that such agreements must be closely scrutinized for unfair or one‑sided terms, with ambiguities construed against the drafter and no presumption favoring arbitration
February 02, 2026
U.S. Chamber files amicus brief urging California Supreme Court to require both procedural and substantive unconscionability before denying enforcement to an arbitration agreement
April 26, 2024
Donald M. Falk of Schaerr | Jaffe LLP served as outside counsel.
Case Documents
- U.S. Chamber Amicus Brief -- Fuentes v. Empire Nissan, Inc. (Cal. Sup. Ct.)
- Opinion -- Fuentes v. Empire Nissan, Inc. (Cal. Sup. Ct.)