California Court of Appeal

In plaintiffs' petition for writ of mandate challenging the trial court's decision granting defendant's motion to compel individual arbitration in their attempt to pursue a class action against the assignee of plaintiffs' automobile financing contract, is granted and the trial court's order vacated and remanded as, although the trial court did not err in finding the class action waiver was not unconscionable, it should have also performed a discretionary analysis on whether a class action is a significantly more effective practical means of vindicating the unwaivable statutory rights at issue.

Appellate Information

• Decided 05/13/2010
• Published 05/13/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Chavez & Gertler, Mark A. Chavez and Nance F. Becker;  Kemnitzer, Anderson, Barron, Ogilvie & Brewer, Bryan Kemnitzer and Nancy Barron for Petitioners., Sheppard, Mullin, Richter & Hampton, Sascha Henry;  Peter S. Hecker, Anna S. McLean and Craig A. Pinedo for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.