McGill v. Citibank CA4/3
Defendant and appellant Citibank, N.A. (Citibank) appealed from the trial court’s order on its petition to compel plaintiff and respondent Sharon McGill to arbitrate her class action claims on an individual basis. The trial court granted the petition as to McGill’s monetary damages and restitution claims, but denied it as to her injunctive relief claims. In an earlier opinion, we reversed the order on the injunctive relief claims and remanded for the court to order all claims to arbitration.
The Supreme Court, however, granted McGill’s petition for review and reversed our judgment because the Court concluded the arbitration provision was unenforceable to the extent it waived McGill’s right to seek public injunctive relief in any forum. In doing so, the Supreme Court identified a potential issue regarding the severability of the waiver provision, and remanded the matter to this court for further proceedings.
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