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SZETELA v. DISCOVER BANK

No. G029323.

118 Cal.Rptr.2d 862 (2002)

97 Cal.App.4th 1094

John SZETELA, Plaintiff and Appellant, v. DISCOVER BANK, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

Rehearing Denied May 16, 2002.

Review Denied July 31, 2002.

Attorney(s) appearing for the Case

Strange & Carpenter, Brian R. Strange, Gretchen Carpenter; Law Offices of Barry L. Kramer and Barry L. Kramer, Los Angeles, for Plaintiff and Appellant.

Gibson, Dunn & Crutcher, Joel A. Feuer and Benjamin P. Broderick, Los Angeles, for Defendant and Respondent.

OPINION

MOORE, J.

In this putative class action, plaintiff John Szetela challenges an order granting Discover Bank's (Discover) motion to compel arbitration. Szetela argues the arbitration agreement, to the extent it prohibits class treatment of small individual claims, is unconscionable and unenforceable. We agree and therefore issue a writ of mandate directing the trial court to strike the portion of the arbitration clause prohibiting class or representative...

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