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FISHER v. DCH TEMECULA IMPORTS LLC

No. E047802.

187 Cal.App.4th 601 (2010)

114 Cal. Rptr. 3d 24

AMBERLEE FISHER, Plaintiff and Respondent, v. DCH TEMECULA IMPORTS LLC, Defendant and Appellant.

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

August 13, 2010.

Attorney(s) appearing for the Case

Manning, Leaver, Bruder & Berberich, Christian J. Scali and Wade R. Kackstetter for Defendant and Appellant.

Jonathan Morrison for California New Car Dealers Association as Amicus Curiae on behalf of Defendant and Appellant.

Rosner, Barry & Babbitt, Hallen D. Rosner and Christopher P. Barry for Plaintiff and Respondent.

OPINION

RICHLI, J. —

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...

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