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Fischer v. Families For Children2/4/2002
n bad faith and plaintiffs arguing that the law was sufficiently settled to support a finding of bad faith. As did the court in Armendariz, we conclude it is unnecessary to decide this issue because the unconscionability of the entire contract is apparent on its face. (Armendariz, supra, 24 Cal.4th at pp. 124-125, fn. 13.)
Finally, defendants assert the cost-shifting provision, though unconscionable, should also have been severed. Given our conclusion that the trial court did not abuse its discretion by refusing to sever the other provisions and by deeming unenforceable the entire contract, we need not deal separately with the argument that the cost-shifting provision is severable.
DISPOSITION
The order is affirmed.
We concur:
SCOTLAND, P.J.
CALLAHAN, J.
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