Alvarado v. Miller-DM
Defendant, Miller-DM Inc., doing business as Mercedes-Benz of Beverly Hills, appeals from a February 27, 2012 order. The February 27, 2012 order was issued after defendant’s third arbitration-related petition or motion was litigated. Defendant’s first petition to compel arbitration sought to compel plaintiff, Josephine Alvarado, to arbitrate her causes of action in her first amended complaint. Defendant’s first petition to compel arbitration was denied. Defendant then filed a second petition to compel arbitration. In its second petition, defendant expressly agreed not to seek arbitration of plaintiff’s class claim under the Consumers Legal Remedies Act (the act). (Civ. Code, § 1750 et seq.) Nearly one year later, defendant filed a third request. This time, defendant sought to compel arbitration of plaintiff’s class claim under the act. This is the precise claim defendant had expressly stated previously that it would not seek to arbitrate. We find defendant expressly waived its right to arbitrate plaintiff’s class claim under the act.
Comments on Alvarado v. Miller-DM