the contract in bad faith. See, e.g., 24 Hour Fitness, 66 Cal.App.4th at 1214, 78 Cal.Rptr.2d 533 (finding modification clause did not render contract “illusory” because the power to modify “indisputably carries with it the duty to exercise that right fairly and in good faith”); Serpa v. Cal. Sur. Investigations, Inc., 215 Cal.App.4th 695, 708, 155 Cal.Rptr.3d 506 (2013) (finding the “implied covenant of good faith and fair dealing limits the employer’s authority to unilaterally modify the arbitration agreement and saves that agreement from being illusory and thus unconscionable”). At least one other panel of the Court of Appeal, however, has reached the opposite conclusion. See Sparks v. Vista Del Mar Child & Family Servs., 207 Cal.App.4th 1511, 1523, 145 Cal.Rptr.3d 318 (2012) (<HOLDING>). In the absence of controlling authority on
holding that an arbitration agreement in an employee handbook was illusory where the employer expressly reserved a right to unilaterally rescind any provisions of the handbook holding unconscionable an arbitration agreement requiring employees to arbitrate claims against the employer but not requiring the employer to arbitrate claims against the employees holding that an agreement to arbitrate is illusory if as here the employer can unilaterally modify the contract recognizing that a unilateral contract can be formed when only one promise is illusory because the nonillusory promise can serve as an offer which the promisor who made the illusory promise can accept by performance holding that the agreement was not illusory because it was supported by consideration insofar as the employee and employer were equally bound by a promise to arbitrate disputes