FISHER v. DCH TEMECULA IMPORTS LLC
Filed 8/13/10
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF
FOURTH APPELLATE DISTRICT
DIVISION TWO
AMBERLEE FISHER,
Plaintiff
and Respondent,
v.
DCH TEMECULA IMPORTS LLC,
Defendant
and Appellant.
E047802
(Super.Ct.No. RIC505227)
STORY CONTINUE
FROM PART I….
A. Standard
of Review
â€
| Description | Defendant DCH Temecula Imports LLC (DCH) appeals the denial of its petition to compel arbitration. The trial court found that an arbitration clause in a retail installment sales contract (RISC) for the sale of a car to plaintiff Amberlee Fisher, which included a waiver of the right to bring a class action lawsuit or request classwide arbitration, was unenforceable. Fisher presented several theories to the trial court in opposition to the enforcement of the arbitration clause, including that the arbitration clause required her to waive an unwaivable statutory right to bring a class action lawsuit under the California Legal Remedies Act (the CLRA) and that the arbitration agreement was both procedurally and substantively unconscionable. Court uphold the trial court's denial of the petition to compel arbitration. |
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