PELORUS FUND REIT, LLC, a Delaware limited liability company vs. ARGENT INSTITUTIONAL TRUST COMPANY, as Successor in interest to Acquiom Agency Services LLC, a Florida corporartion

evidence of real-world obstacles than this quotation from Gentry and the fact that Driver Partners were required to agree to arbitration as a condition of work, published authority holds this showing is sufficient to satisfy a plaintiff’s burden on the fourth factor. (See Garrido v. Air Liquide Industrial U.S. LP (2015) 241 Cal.App.4th 833, 846-847.) Accordingly, even if the Court hadn’t found the arbitration agreement unconscionable and thus unenforceable, it would still invalidate the class waiver under Gentry. V.

Conclusion

Because the arbitration agreement is both procedurally and substantively unconscionable, Defendant’s motion is denied. Moreover, even if the agreement were otherwise enforceable, the class action waiver is invalid under Gentry. 9 PELORUS FUND REIT, LLC, a Delaware limited liability company vs. ARGENT INSTITUTIONAL TRUST COMPANY, as Successor in interest to Acquiom Agency Services LLC, a Florida corporartion

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