Age and origin discrimination 392

Discrimination is another area of San Diego Personal Injury Law.

Suh v Super Court 181 Cal.App.4th 1504 (2010) (2/5) S (et al., M.D.s) sued hospital C and medical group H for age and origin discrimination.  C&H’scontracts had arbitration clauses.  S nonsignatories to contracts.  Although six possible theories could bind nonsignatories, the only relevant one, third-party beneficiary, fails for lack of any benefits flowing to S.  Other contract is procedurally unconscionable (signed under pressure without access to documents incorporated by reference, the very ones relevant here).  Substantively unconscionable for elimination of damages except for intentional acts, fraud, and reckless disregard, and then only on clear and convincing evidence; i.e., discrimination claims would be barred by arbitration clause.  San Diego personal injury attorney

Comments are closed.