not an arbitration clause in an employment contract, the Ninth Circuit Court of Appeals found that the objectionable provisions of the DRA — limitations on damages, a fee-sharing scheme, and other unilateral aspects, including imposition of arbitration only on employee claims — ran throughout the agreement and defined the scope of the matters that were covered. Id. at 896. Removing these provisions, the court found, “would go beyond mere excision to rewriting the contract, which is not the proper role of this Court.” Id. Therefore, the Ninth Circuit Court of Appeals held that the entire arbitration agreement was unenforceable. Id.; accord Ferguson, 298 F.3d at 787-88 (also declining to sever or limit offending provisions of an arbitration agreement). But see Quinn, 109 F.Supp.2d at 686 (<HOLDING>). In this case, where the arbitration clause is
holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added holding that where the arbitration agreement was silent on feesplitting and the costs imposed upon the plaintiff by the aaa were not prohibitive the plaintiff had presented little evidence to indicate that arbitration would be prohibitively expensive and the fees and costs of arbitration did not render the arbitration scheme unconscionable holding that proposed invalidation of the entire arbitration agreement even if the court were convinced that the plaintiff could not afford to pay for the arbitration proceedings was unnecessarily radical because the court could instead simply nullify the fee provisions of the arbitration agreement and force the defendant employer to bear the expense of arbitration holding that where an arbitration agreement between an employer and employee does not specifically provide for the handling of arbitration costs california courts should interpret the arbitration agreement  as providing  that the employer must bear the arbitration forum costs holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration