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Civil Code § 1670.5.

CIVIL CODE – CIV
DIVISION 3. OBLIGATIONS [1427 – 3272.9] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. )
PART 2. CONTRACTS [1549 – 1701] ( Part 2 enacted 1872. )
TITLE 4. UNLAWFUL CONTRACTS [1667 – 1670.11] ( Title 4 enacted 1872. )

1670.5.
(a) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

(b) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination.

(Added by Stats. 1979, Ch. 819.)

Leonard H. Sansanowicz is the principal of Sansanowicz Law Group, P.C. and represents employees in all aspects of employment law. He has been a Super Lawyers Southern California Rising Star each year from 2013 to 2018, and for the past four years has been named to their Up- and-Coming 100 list. He also is a member of the Executive Board of the California Employment Lawyers Association.

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