February 13, 2026
Court of Appeal, Second Appellate District, Division Eight
The Rule of Diaz v. Thor Motor Coach is that forum selection clauses in motorhome warranties are unenforceable as unconscionable when they are part of warranty agreements containing other illegal provisions that violate California's Song-Beverly Consumer Warranty Act, even when the manufacturer offers to stipulate not to enforce the illegal provisions in the out-of-state forum.
February 2, 2026
Supreme Court of California
The Rule of Fuentes v. Empire Nissan, Inc. is that a contract's format and illegibility generally do not support substantive unconscionability, but courts must closely scrutinize difficult-to-read contracts for unfair or one-sided terms when high procedural unconscionability exists, under circumstances where an employment arbitration agreement is presented in nearly illegible tiny print with minimal time for review.