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Arbitration

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In Ionescu v. Extra Space Storage, No. 19-cv-02226-YGR, 2019 U.S. Dist. LEXIS 143992, at *1-2 (N.D. Cal. Aug. 23, 2019), Judge Gonzalez-Rogers ordered a claim to arbitration. The facts were as follows: Plaintiffs Alexandru Ionescu, Lenay Johnson, and Lamar Mosley bring this putative class-action law suit against defendant Extra Space Storage Inc. ("Extra Space") for false advertising in violation of… Read More

In Eiess v. Usaa Fed. Sav. Bank, No. 19-cv-00108-EMC, 2019 U.S. Dist. LEXIS 144026, at *2-4 (N.D. Cal. Aug. 23, 2019), Judge Chen ordered a class action plaintiff's individual claim to arbitration, and stayed the claim for public injunctive relief pending the outcome of Plaintiff's individual claim. The facts were as follows: Ms. Eiess is a customer of USAA and… Read More

In Murillo v. A Better Way Wholesale Autos & Westlake Servs., Llc, No. 3:17-CV-1883 (VLB), 2019 U.S. Dist. LEXIS 117043 (D. Conn. July 15, 2019), Judge Bryant confirmed a runaway arbitration award against a car dealer.  The parties agreed to arbitrate their disputes before the American Dispute Resolution Center ("ADR") as a desk arbitration and under the American Arbitration Association… Read More

In Blair v. Rent-A-Center, Inc., No. 17-17221, 2019 U.S. App. LEXIS 19476 (9th Cir. June 28, 2019), the Court of Appeals for the 9th Circuit held that the F.A.A. does not pre-empt the California Supreme Court’s McGill decision.  The Court of Appeals summarized its decision as follows: The panel affirmed the district court's denial of Rent-A-Center's motion to compel arbitration… Read More

In Ngo v. PMGI Financial, et. al., DARRIN NGO, 2018 WL 6618316, at *7–9 (N.D.Cal., 2018), Judge Spero held that a creditor's filing a superior court collection action did not prevent sending the matter to arbitration, but the debtor remained free to assert waiver to the arbitrator. Ngo contends that Defendants waived their right to demand arbitration by filing a… Read More

In Hewitt v. Auto Showcase of Bel Air, 2018 WL 2437240 (Md. App. 2018) (unpublished), the Court of Appeals enforced an arbitration clause in an automobile RISC despite rescission of the RISC due to a failure of financing. Hewitt's . . . argues that, once Auto Showcase repossessed the Vehicle, any consideration supporting the arbitration agreements ceased. Thus, the RISC should… Read More

In Gamble v. New England Auto Finance, Inc., 2018 WL 2446607 (11th Cir. 2018), the Court of Appeals for the Eleventh Circuit found that text messages sent by automobile finance company after its customer had paid her RISC in full were not subject to the RISC’s arbitration clause and class-action waiver. NEAF also argues that the Arbitration Provision is broad enough… Read More

In Anderson v. Credit One Bank, N.A., 2018 WL 2287329, at *2–3 (S.D.Cal., 2018), Judge Anello struck a TCPA Plaintiff's "errata" sheet following Plaintiff's deposition, reconsidered the denial of Defendant's Petition to Compel Arbitration, and granted the Petition to Compel Arbitration. Here, upon due consideration, the Court finds that Plaintiff’s errata sheet “runs afoul of Rule 30(e)’s...requirements.” Tourgeman, 2010 WL… Read More

In Delgado v. Ally Financial, et. al., 2018 WL 2128661, at *5–6 (S.D.Cal., 2018), Judge Benitez ordered an FCRA case to arbitration, rejecting the Plaintiff's argument that the bankruptcy eliminated the arbitration clause. Delgado also opposes the enforcement of the arbitration provision on the basis his bankruptcy discharge rendered the arbitration provision unenforceable. (Doc. No. 25 at 4.) This assertion,… Read More

In Freeman v. Smartpay Leasing, LLC, 2018 WL 467390, at *1–2 (M.D.Fla., 2018), Judge Presnell deemed a defendant in default for failing to pay JAMS' fees when JAMS classified the arbitration as a "consumer" arbitration that required the defendant to bear almost all of the fees. The Arbitration Agreement gave Freeman the option of choosing between two arbitral fora—the American… Read More

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