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CLAY v. NEW MEXICO TITLE LOANS, INC.

No. 31,356.

288 P.3d 888 (2012)

2012-NMCA-102

Harry CLAY, individually and as natural father of Bre Clay and Austin Clay, minor children, Plaintiffs-Appellees, v. NEW MEXICO TITLE LOANS, INC., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied, September 20, 2012, No. 33,765.

Attorney(s) appearing for the Case

Fine Law Firm, Mark Fine , Albuquerque, NM, for Appellees.

Butt Thornton & Baehr PC, Emily A. Franke , Jane A. Laflin , Raúl P. Sedillo , Albuquerque, NM, for Appellant.

OPINION

BUSTAMANTE, Judge.

{1} New Mexico Title Loans, Inc. (Lender) appeals from the district court's denial of its motion to compel arbitration. The district court ruled that (1) the arbitration clause is substantively unconscionable because it is against public policy and because the appeals clause unfairly benefits Lender over borrowers, and (2) the arbitration provision is ambiguous as to whether Chris "Harry" Clay's (Borrower) tort claims...

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