Category: Arbitration: Automobiles

Arbitration/Automobiles/Appealability: Order Compelling Arbitration Is Not Appealable, Nor Is It “Death Knell” Of Plaintiff’s Case

January 17, 2013 · Arbitration: Appealability, Arbitration: Automobiles

Second District, Division 2 Decision Motivates Us To Create New Sidebar Category – Arbitration: Automobiles Our California car economy has spawned a plethora of decision concerning automobiles and arbitration. I have posted on these over the past year. Rather than link now to all the previous posts involving automobiles, I have simply created a […]

Arbitration/Consumers/Class Actions/FAA: Second District, Division 8 Rules That Consumer Legal Remedies Act’s Prohibition Against Class Waivers Is Preempted By The Federal Arbitration Act

January 15, 2013 · Arbitration: Automobiles, Arbitration: Class, Arbitration: Consumers, Arbitration: Federal Arbitration Act

“Saving Clause” of the FAA Doesn’t Save Consumer’s Unwaivable Statutory Rights Here A hot arbitration topic is whether in various circumstances the Federal Arbitration Act (FAA) preempts “unwaivable statutory rights” under state law. That was an important question in Flores v. West Covina Auto Group, Case No. B238265 (2nd Dist. Div. 8 January 11, […]

Arbitration/Consumers/Unconscionability: Second Dist. Div. 3 Affirms Order Denying Petition To Compel Arbitration Of Consumer Dispute Over Used Car

January 1, 2013 · Arbitration: Automobiles, Arbitration: Consumers, Arbitration: Unconscionability

Procedural and Substantive Unconscionability Drive The Result Arbitration clauses, automobile purchases and leases provide a ripe area for dispute. In 2012, I reported on a number of those disputes. See my posts of April 12, 2012 (Kolev v. Euromoters West/The Auto Gallery; opinion withdrawn by 9th Cir.), August 1, 2012 (Caron v. Mercedes-Benz Financial […]

Arbitration/Class/Waiver/Consumers/Enforceability: Second District Division 6 Reverses Denial of Automobile Dealership’s Motion to Compel Arbitration

October 16, 2012 · Arbitration: Automobiles, Arbitration: Class, Arbitration: Consumers, Arbitration: Enforceability, Arbitration: Waiver

Ducks Addressing Viability of Gentry v. Superior Court By Distinguishing It As Case Dealing With Employment Issues, Not Consumer Issues Plaintiff purchased a BMW, and filed a complaint alleging a violation of the Consumers Legal Remedies Act (CLRA) and other consumer protection statutes, because some BMWs do not come with a spare tire, […]