Leahy

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Linda Leahy, No. 2:24-cev-01855-KJM-CKD 12 Plaintiff, ORDER 13 v. CMH Homes, Inc., 1S Defendant. 16 17 Defendant CMH Homes, Inc. (CMH) moves to compel arbitration of plaintiff Linda 18 | Leahy’s breach of contract and related claims. Leahy contests the motion, arguing the arbitration 19 | agreement is unenforceable because it violates California Business and Professions Code section 20 | 7191 (section 7191) and because she did not sign or agree to an arbitration agreement with CMH. 21 | As explained below, the court denies Leahy’s request to find the arbitration agreement 22 | 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 25 Leahy is an Oregon resident who contracted with CMH, a Tennessee corporation, to build 26 | amobile home for her to be placed in Casa…