Roswell v. American Express Bank CA1/4
In this cross-action arising out of an underlying collection suit, cross-complainants and appellants C.D. Rowsell (Rowsell) and Bosonda International Ltd. (Bosonda) (collectively, appellants) seek a declaratory judgment on behalf of themselves and a putative class of American Express credit and charge cardholders that the arbitration provisions in their cardmember agreements are unconscionable and unenforceable. The trial court denied class certification on the grounds that (1) Rowsell was not an adequate representative and did not have claims typical of the putative class, (2) individualized issues would predominate regarding whether the arbitration provisions were procedurally unconscionable and the requested declaratory relief was necessary or proper, and (3) a class action would not be superior to individual actions. Because we find the trial court’s decision rested on improper criteria and erroneous legal assumptions, we reverse the order and remand for further proceedings.
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