American Express Bank v. C. D. Rowsell CA1/4
Plaintiff American Express Bank, FSB (American Express) brought a collection action against C.D. Rowsell and Rowsell’s company, Bosonda International Ltd. (Bosonda). In response, Rowsell and Bosonda asserted individual and class cross-claims against American Express and several related entities for allegedly unconscionable and unenforceable arbitration provisions in the bank’s cardmember agreements. Early in the proceedings, at a case management conference, the trial court ordered cross-complainants’ motion for class certification to proceed “before any adjudication on the substantive merits.” At a later case management conference, the trial court purportedly refused to sever the collection claims and set a date for trial.
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