Leahy

Leahy v. CMH Homes, Inc.

Good Law
United States District Court, Eastern District of CaliforniaJanuary 28, 20252:24-cv-01855California2,207 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Linda Leahy, No. 2:24-cev-01855-KJM-CKD Plaintiff, ORDER v. CMH Homes, Inc., 1S Defendant. 16 Defendant CMH Homes, Inc. (CMH) moves to compel arbitration of plaintiff Linda Leahy’s breach of contract and related claims. Leahy contests the motion, arguing the arbitration agreement is unenforceable because it violates California Business and Professions Code section 7191 (section 7191) and because she did not sign or agree to an arbitration agreement with CMH. As explained below, the court denies Leahy’s request to find the arbitration agreement unenforceable and holds CMH’s motion to compel arbitration in abeyance pending an 23 evidentiary hearing to determine whether Leahy agreed to an arbitration provision with CMH. 24 I. BACKGROUND Leahy is an Oregon resident who contracted with CMH, a Tennessee corporation, to build amobile home for her to be placed in Casa…

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