Arriaga
Arriaga v. Cross Country Bank
Opinion
Opinion
Gonzalez, J.
ORDER GRANTING DEFENDANTS’ MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS
Presently before the Court is a motion to compel arbitration and stay the action pending arbitration by defendants Cross Country Bank and Applied Card Systems, Inc. (collectively the “defendants”). For the reasons discussed below, the Court grants defendants’ motion to compel arbitration on all claims and stays the action pending arbitration.
BACKGROUND
On March 21, 2001, plaintiff Andrea Ar-riaga (“Arriaga”) initiated this class action on behalf of herself and similarly situated individuals against defendants Cross Country Bank (“CCB”) and Applied Card Systems, Incorporated (“ACS”). Arriaga claims that defendants violated the Truth in Lending Act (TILA), 15 U.S.C. §§ 1632 , 1637, the Consumer Legal Remedies Act (CLRA), California Civil Code § 1750, and California Business and Professions Code § 17200, as well as engaged in fraud and breach of contract. All claims relate to her CCB credit card account maintained by CCB and ACS collectively. (See Compl. at ¶ 17.)
Arriaga alleges that in the summer of 1999 she received a mailer encouraging her to accept a Cross Country credit card as a way to establish…