Trabert

Background

Shaun Trabert purchased a used vehicle from an automobile dealer under a

preprinted industry-drafted installment sales contract. The dealer then assigned the

contract to Portfolio. Portfolio later repossessed Trabert's vehicle, and Trabert filed a

class action complaint alleging Portfolio's repossession/default notices were defective

under consumer statutes. (See Civ. Code, § 1750 et seq.; Bus. & Prof. Code, § 17200.)

2 Portfolio moved to compel arbitration under a lengthy arbitration provision in the

parties' sales contract.1 In opposition, Trabert argued the arbitration agreement was

1 This provision read: "PLEASE REVIEW-IMPORTANT-AFFECTS YOUR LEGAL

RIGHTS [¶] 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE

BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY

TRIAL. [¶] 2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR

RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER

ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY

RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL

ARBITRATIONS. [¶] 3. DISCOVERY AND RIGHTS TO APPEAL IN

ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND

OTHER…