California Court of Appeal

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Phillips v. Sprint PCS, A134371

In a consumer class action alleging misrepresentation of cellular telephone rates, trial court's grant of defendants' renewed motion to compel arbitration is affirmed where: 1) because the order compelling arbitration is not appealable, the appeal will be treated as a petition for a writ of mandate; 2) an intervening change of law under Concepcion permitted the trial court to revisit its order denying arbitration and to issue a new order compelling arbitration; 3) the trial court's order denying defendants' motion to compel arbitration was not res judicata; 4) defendant did not waive its right to compel arbitration by not appealing the denial of its original motion to compel arbitration; and 5) plaintiffs' remaining claims of unconscionability challenge the validity of the contract as a whole, not the arbitration provision itself, and therefore do not preclude arbitration.

Appellate Information

  • Decided 09/26/2012
  • Published 09/26/2012

Judges

  • Pollak

Court

  • California Court of Appeal

Counsel