California Court of Appeal

Reset A A Font size: Print

Flores v. West Covina Auto Group, B238265

In appeal from order compelling arbitration of individual and class actions involving sales of used vehicles, order is affirmed, where: 1) the arbitration clause is enforceable despite the waiver of classwide arbitration rights; 2) Consumer Legal Remedies Act's prohibition against class waiver is preempted by the Federal Arbitration Act because it stands as an obstacle to the accomplishment and execution of the full purposes and objectives of the FAA; 3) defendant did not waive its right to arbitrate and plaintiffs did not show prejudice from defendant's actions; 4) the arbitration clause is not unconscionable; 5) the arbitration clause is not an unexpected term in an adhesion contract; and 6) the arbitration clause was not invalid for lack of mutual consent.

Appellate Information

  • Decided 01/11/2013
  • Published 01/11/2013

Judges

  • FLIER

Court

  • California Court of Appeal

Counsel