Razavi v. Neocase Software
Respondent Vahid Razavi (Razavi) commenced this action against appellant Neocase Software, Inc. (Neocase), his former employer, for wrongful termination and other causes of action. Citing a mandatory arbitration clause in Razavis at-will employment contract, Neocase petitioned the court to compel arbitration and dismiss the complaint, or, in the alternative, stay the proceedings. The court denied the petition on the ground that a provision in the arbitration clause providing that the cost of arbitration will be borne by the losing party rendered the contract unenforceable under Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83 (Armendariz) and its progeny. Court affirm the judgment.
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