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DUICK v. TOYOTA MOTOR SALES, U.S.A., INC.

No. B224839.

198 Cal.App.4th 1316 (2011)

AMBER DUICK, Plaintiff and Respondent, v. TOYOTA MOTOR SALES, U.S.A., INC., et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division One.

August 31, 2011.

Attorney(s) appearing for the Case

Ogletree, Deakins, Nash, Smoak & Stewart, Vince M. Verde and Christopher J. Archibald for Defendants and Appellants.

Tepper Law Firm, Nicholas Tepper and Heather A. Hickman for Plaintiff and Respondent.

OPINION

ROTHSCHILD, J.—

Defendants Toyota Motor Sales, U.S.A., Inc. (Toyota), and Saatchi & Saatchi North America, Inc. (Saatchi), appeal from the denial of their motion to compel arbitration of plaintiff Amber Duick's claims. We affirm because the putative contract is void on account of fraud in the inception.

BACKGROUND1

Duick's claims arise from her apparently unwitting participation...

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