California Court of Appeal

Although a term barring class arbitration is unconscionable and is stricken, an arbitration agreement is enforceable and binding on a plaintiff bringing claims alleging improper charges to credit card holders. Cardholder agreement was properly amended under Nevada law, and plaintiff ratified the amendment through her conduct.

Appellate Information

• Decided 01/07/2003
• Published 01/08/2003

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Rintala, Smoot, Jaenicke & Rees, G. Howden Fraser, Los Angeles;  Wilmer, Cutler & Pickering, Wash., Dist. of Columbia, and Christopher R. Lipsett, for Defendant and Appellant., Michael F. Crotty, Laurel, MD, for American Bankers Association as Amicus Curiae on behalf of Defendant and Appellant., Strange & Carpenter, Brian R. Strange and Gretchen Carpenter;  Law Offices of Barry L. Kramer and Barry L. Kramer, Los Angeles, for Plaintiff and Respondent.