Gil v. Mansano

It is now blackletter law that a motion to compel arbitration must be denied if the arbitration agreement is both procedurally and substantively unconscionable. In this case, we focus on procedural unconscionability. We acknowledge that, in some situations, procedural unconscionability can be established simply by examining the written agreement and the nature of the relationship between the parties without the use of extrinsic evidence. That said, in spite of the moving partys best efforts, we conclude that he fails to prove that this particular arbitration agreement is procedurally unconscionable.