California Codes, Civil Code - CIV, Division 3 — Obligations, Part 2 — Contracts, Title 4 — Unlawful Contracts, Section 1670.5
(a) If the court as a matter of law finds the contract or any clause of the contract to have been 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.
(b) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination.
Notes
Allows a court that finds a contract or clause unconscionable when made to refuse enforcement, enforce the remainder without the clause, or limit the clause to avoid an unconscionable result. When unconscionability is claimed or appears possible, the parties must receive a reasonable opportunity to present evidence about commercial setting, purpose, and effect.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 1670.5 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-2/title-4/section-1670-5