Morrison

Brittany Morrison, individually and on behalf of all others similarly situated v. Yippee Entertainment, Inc.

Good Law
United States District Court, Southern District of CaliforniaNovember 4, 20253:24-cv-00797California1,365 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BRITTANY MORRISON, individually Case No.: 24-cv-00797-JO-KSC and on behalf of all others similarly 12 situated, ORDER DENYING DEFENDANT’S Plaintiff,

MOTION TO COMPEL

14 v. ARBITRATION [DKT. 13]

YIPPEE ENTERTAINMENT, INC.,

16 Defendant. 17 18 19 On October 30, 2025, the Court held oral argument on Defendant’s motion to compel arbitration. For the reasons stated on the record and set forth below, the Court denies Defendant’s motion. 23 First, the Court finds that there was no binding agreement to arbitrate because 24 Plaintiff did not unambiguously manifest assent to the Terms of Service. For a user’s click 25 of a button to constitute an unambiguous manifestation of assent, the user must have been 26 “explicitly advised that the act of clicking will constitute assent to the terms and conditions 27 of an agreement.” Berman v. Freedom Fin. Network, LLC, 30 F.4th 849, 857 (9th Cir. 28 2022). “Even strongly implicit advisement isn’t enough.” Godun v.…

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