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C.A. Won’t Sever Provisions in Problem Arbitration Agreement

Div. Four of this District’s Court of Appeal has held that severing unconscionable provisions from an arbitration agreement, provided by Charter Communications Inc. to its employees, in order to permit enforcement of the remainder of the contract is not warranted where multiple defects indicated a systemic effort to impose alternative dispute resolution on a weaker party and deleting the offending terms would effectively rewrite the contract.

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