California Court of Appeal

The trial court properly denied defendant's motion to compel arbitration of a class action alleging that defendant improperly charged early termination fees to its customers, where: 1) section 9 of the parties' agreement provides that the specific issue of the enforceability of the class action waiver shall be governed by "the law of your state;" and 2) under the terms of the parties' arbitration agreement, the parties' entire arbitration agreement is unenforceable, because the law of plaintiffs' state would find the class action waiver unenforceable.

Appellate Information

• Decided 04/07/2014
• Published 04/07/2014

Judges

• ROTHSCHILD

Court

• California Court of Appeal

Counsel