According to Prasad, she suffers from type I diabetes and generally was able to perform her work duties, but occasionally required certain accommodations, such as a modified work schedule. Facts:Īfter submitting an online job application, plaintiff Stephanie Prasad was hired in May 2016 by defendant Pinnacle Property Management Services, LLC ("Pinnacle") as a property manager for an apartment complex. Her employment was terminated just under a year later. If the illegality is collateral to the main purpose of the contract, and the illegal provision can be extirpated from the contract by means of severance or restriction, then such severance and restriction are appropriate. Courts are to look to the various purposes of the contract. A court may refuse to enforce the entire agreement only when it is permeated by unconscionability. 25, 2018) Rule:Ĭalifornia law provides that when a court finds that a contract or any clause in it was 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.
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