Lange v. Monster Energy Co.

Lange v. Monster Energy Co.

Monster Energy Company appeals from a trial court order denying its motion to compel arbitration [of an employment agreement].  The trial court concluded that the parties’ arbitration agreement was so permeated with unconscionability that it could not remove the unconscionability merely by severing.  The trial court based that conclusion on two independent grounds:  that the existence of more than one unconscionable provision in the arbitration agreement precluded severance, and that merely severing provisions would not eliminate the unconscionability.  We disagree with the trial court’s conclusion that the existence of more than one unconscionable provision precludes severance.  But Monster did not address the trial court’s alternative basis for its order.  We have undertaken an independent unconscionability analysis and we reach the same conclusion the trial court reached.  We affirm.

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