Beard

Beard v. West Colorado Motors, LLC

Good Law
United States District Court, Northern District of CaliforniaJuly 9, 20243:24-cv-00624California2,146 words

Opinion

Trial Court Opinion

INTRODUCTION

17 The petitioner, who is representing herself and proceeding in forma pauperis, bought a used 18 car from respondent/cross-petitioner AutoNation under a contract that required monthly payments. 19 She stopped payments, contending that the car was not working properly, and sued in Colorado 20 state court. Her retrial-installment contract had an arbitration clause. The respondent moved to 21 compel arbitration, arbitration was compelled, and the respondent counterclaimed for damages 22 because the plaintiff defaulted on her loan. The arbitrator ruled for the respondent, awarding 23 $19,139.77, and ruled against the petitioner, awarding her nothing. The petitioner moved to vacate 24 the award; the respondent moved to confirm it. The court can decide the dispute without oral 25 argument, Civil L. R. 7-1(b), and confirms the award.

27 STATEMENT In July 2019, the petitioner, a citizen of California, bought a used 2016 Ford Escape in Colorado from respondent and cross-petitioner AutoNation, a citizen of Florida.1 She signed a purchase-sale agreement and a retail-installment sales contract. The purchase-sale agreement…

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