Wyatt v. Own a Car of Fresno CA5
Nearly two years after Clinton Wyatt (Wyatt) purchased a used car from Own a Car of Fresno (Seller), he sought to rescind the parties’ retail installment sales contract (Contract) based on alleged violations of the Consumer Legal Remedies Act. The matter proceeded to an arbitration through the American Arbitration Association (AAA) pursuant to an arbitration provision in the Contract. The arbitration was conducted in two phases. The arbitrator first determined liability and damages and issued an interim award in Wyatt’s favor for rescission and damages, along with injunctive relief, and awarded him attorney fees and costs, with the amount to be determined in a second proceeding. Seller then discovered the arbitrator failed to disclose he served as an arbitrator in an arbitration held two years earlier in which Wyatt’s attorney represented the losing party. Seller asked AAA to vacate the interim award and appoint a new arbitrator.
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