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BROWN v. MHN GOVERNMENT SERVICES, INC.

No. 87953-2.

306 P.3d 948 (2013)

178 Wn.2d 258

Barbara BROWN and Cindy Hiett, Respondents, v. MHN GOVERNMENT SERVICES, INC.; Health Net, Inc., and MHN Services d/b/a MHN Services Corporation, a Washington Corporation, Appellants.

Supreme Court of Washington, En Banc.

August 15, 2013.

Attorney(s) appearing for the Case

Timothy J. Long , Attorney at Law, Sacramento, CA, George E. Greer , Robert M. McKenna , Orrick, Herrington & Sutcliffe LLP, Seattle, WA, for Appellants.

Warren Evans Martin , Attorney at Law, Lewis Lynn Ellsworth , Eric Daniel Gilman , Gordon Thomas Honeywell LLP, Richard H. Wooster , Kram & Wooster, P.S., Tacoma, WA, for Respondents.

J.M. JOHNSON, J.

¶ 1 The narrow question before us is whether an arbitration agreement signed by respondents Barbara Brown and Cindy Hiett is permeated with unconscionability and therefore unenforceable under California law.1 We hold that the forum selection and punitive damages provisions are not unconscionable and that the arbitrator selection, statute of limitations, and fee shifting provisions are unconscionable. The unconscionable...

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