In Brown v. DIRECTV, LLC, 2013 WL 3273811 (C.D.Cal. 2013), Judge Gee ordered a TCPA case to arbitration, notwithstanding the Plaintiff’s argument that the claim was outside the scope of the clause. This action is about whether collection calls were legal under TCPA. Other district courts have compelled arbitration of TCPA claims in similar circumstances. See, e.g., Cayanan v. Citi… Read More
In Laguilles v. Time Warner , the Appellate Division of the Los Angeles County Superior Court found that the Rosenthal Act's language allowing claims to be filed "in a court of competent jurisdiction" (Civ. Code 1788.30(f)) did not prohibit enforcement of an arbitration clause on the basis that arbitration would have resulted in waiver of a statutory right. Read More
The Supreme Court of the United States just issued its decision in American Express v. Italian Colors, Inc., here The syllabus of the Court summarizes the decision as follows: The FAA does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery.… Read More
In Oxford Health Plans LLC v. Sutter, --- S.Ct. ----, 2013 WL 2459522 (U.S. 2013), the Supreme Court clarified that Stolt-Nielsen was an exception to the normal rule based solely on the parties' stipulation there that their agreement was silent on the issue of whether a party could arbitrate class claims. Here, there was no stipulation. Accordingly, the arbitrator decided… Read More
In Vargas v. Sai Monrovia B, Inc., --- Cal.Rptr.3d ----, 2013 WL 2419044 (Cal.App. 2 Dist. 2013), the same panel that decided Sanchez v. Valencia Holding Co., LLC (2011) 201 Cal.App.4th 74, re-examined the enforceability of the arbitration clause in the standard California car purchase contract and held that its prior decision was correct. The Court held that the clause… Read More
In Ferrini v. Cambece, 2013 WL 2421717 (E.D.Cal. 2013), Judge Drozd ordered FDCPA/Rosenthal Act claims to arbitration under a cardmember agreement. The undersigned finds that the debt collection practices at issue relate to the card member agreement, that the broad language of the arbitration provision found in that agreement provides that plaintiff's claims are subject to arbitration, and that there… Read More
In Kilgore v. Keybank, Nat. Ass'n, --- F.3d ----, 2013 WL 1458876 (9th Cir. 2013), the Court of Appeals for the Ninth Circuit, stepped back from the panel's ruling that Concepcion abrogates Cruz v. Pacificare Health Systems, Inc. (2003) 30 Cal.4th 303 and Broughton v. Cigna Healthplan of California (1999) 21 Cal.4th 1066, as well as Davis v. O'Melveny &… Read More
In Trabert v. Consumer Portfolio Services, 2013 WL 1403084 (2013), Division 1 of the Fourth District Court of Appeal, in an unpublished decision, found the Arbitration Clause in a standard form RISC to be procedurally and substantively unconscionable, but remanded the matter to the trial court to determine whether those provisions could be severed. In sum, we have determined that… Read More
In Vasquez v. Greene Motors, Inc., --- Cal.Rptr.3d ----, 2013 WL 1232343 (Cal.App. 1 Dist., 2013), the Court of Appeal found the arbitration clause in the standard form automobile RISC to be procedurally and substantively unconscionable. After plaintiff Gustavo E. Vasquez purchased a used car on credit from defendant Greene Motors, Inc. (Greene), the vehicle's financing was assigned to defendant… Read More
In Coppock v. Citigroup, Inc., 2013 WL 1192632 (W.D.Wash. 2013), Judge Coughenour granted a Petition to Compel Arbitration in a TCPA/FDCPA class action. The arbitration agreement clearly covers the TCPA and FDCPA claims. Citi made the calls to collect a debt it thought Coppock owed on her credit card account. Her claims based on those calls are thus “[c]laims relating… Read More
In Shea v. BBVA Compass Bancshares, Inc., 2013 WL 869526 (S.D.Fla. 2013), Judge Moore ordered a TCPA text-message class action to arbitration, finding that the TCPA claim was within the scope of the arbitration clause and the arbitration clause survived the termination of the contractual relationship between the parties. Here, this Court finds clear and unmistakable evidence of the… Read More
In Cayanan v. Citi Holdings, Inc., 2013 WL 784662 (S.D.Cal. 2013), Judge Anello ordered TCPA class actions to arbitration finding that the Arbitration clause in loan agreements were not both procedurally and substantively unconscionable and that the TCPA claims fell within the language of the arbitration agreements. Plaintiffs Elsie Cayanan, Kimberly Baker, and Jesse McKay filed a putative class action… Read More
In Natalini v. Import Motors, Inc. (2013) 2013 DAR 1673, the Court of Appeal followed the reasoning similar to Sanchez v. Valencia Holding Co., holding that the arbitration clause in the standard Law Printing car contract is unconscionable and unenforceable due to the $100,000 and injunction triggers to three arbitrator review and the reservation of self-help remedies including repossession. Read More
In Alvarado v. Miller-DM, Inc., 2013 WL 205927 (2013), the California Court of Appeal found, in an unpublished case, that the defendant waived its right to arbitrate the class claims under a standard form automobile RISC. In the pre-Concepcion petition to compel arbitration, the Defendant had excluded from its petition plaintiff's injunctive relief cause of action; declaratory relief claim; and… Read More
Cases Denying Discovery Hodsdon v. DirecTV, LLC, 2012 WL 5464615 (N.D.Cal. 2012) Plaintiffs move for leave to conduct arbitration-related discovery in order to bolster their contention that DirecTV's arbitration provision is unconscionable. Plaintiffs' argument is premised upon California Civil Code section 1670.5(b) which provides for arbitration-related discovery upon a claim or appearance of unconscionability. (Motion for Leave to Conduct… Read More
In Flores v. West Covino Auto Group, 2013 WL 139200 (2013), the Court of Appeal for the Second District found that the Defendant auto dealer did not waive arbitration by litigating the case while Fisher remained good law and until shortly after Concepcion was decided. The dealer's delay in seeking arbitration was justified and the car buyer did not show… Read More
In Kaiser v. BMW of North America, LLC, 2013 WL 100218 (N.D.Cal. 2013), a consumer complained that a vehicle manufacturer improperly sought to offset its lemon law liability by charging the consumer for unreasonable wear and tear on the vehicle. Judge Ryu allowed the claim to proceed past the pleading stage. The basic facts were as follows: Shortly thereafter, Kaiser received… Read More
In Natalani v. Import Motors, Inc., 2013 WL 64611 (Cal.App. 1 Dist. 2013), the First District Court of Appeal found in an unpublished decision that the arbitration clause in a standard-form automobile RISC to be procedurally and substantively unconscionable, thus affirming the trial court's denial of the dealer's petition to arbitrate. Appellant contends that Concepcion broadly restricts the application of the… Read More
In Gutierrez v. Wells Fargo Bank, NA --- F.3d ----, 2012 WL 6684748 (9th Cir. 2012), the Court of Appeals for the Ninth Circuit rejected a post-trial petition to enforce arbitration, and found partial pre-emption of the UCL to the extent it conflicted with the business of banking in how a bank applies and computes overdraft fees. The Court of Appeals… Read More
In Norton v. Ford of Santa Monica et al., 2012 WL 6721400 (Cal.App. 2 Dist. 2012), the Court of Appeal for the Second District, found in an unpublished decision that an automobile RISC's arbitration was procedurally and substantively unconscionable. As to procedural unconscionability, the Court of Appeal found: The vehicle purchase contract contains elements of surprise. Placement of the arbitration agreement… Read More
