California Court of Appeal

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Caron v. Mercedez-Benz Fin. Serv. USA, LLC., G044550

In plaintiff's suit alleging, inter alia, various class and individual claims under the Consumers Legal Remedies Act (CLRA), false advertising, and intentional and negligent misrepresentation arising from a purchase of a vehicle from the defendants, trial court's denial of defendants' motion to compel plaintiff to arbitrate her claims based on an arbitration provision included in the Retail Installment Sales Contract is reversed and remanded, as the Federal Arbitration Act preempts the CLRA's anti-waiver provision because the provision acts as an obstacle to the FAA's intention of enforcing arbitration agreements according to their terms.

Appellate Information

  • Decided 07/31/2012
  • Published 07/31/2012

Judges

  • Aaronson

Court

  • California Court of Appeal

Counsel