Kaghazchi

FACTS AND PROCEDURAL HISTORY

In March 2008 plaintiff leased a Mercedes-Benz from Mission Imports (Mission). The standard, preprinted lease (Lease) contained a section entitled “Important Arbitration Disclosures.” One paragraph within that section was entitled “Arbitration.” (Boldface omitted.) It stated in part: “The following Arbitration provisions significantly affect your rights in any dispute with us. Please read the following disclosures and the arbitration provision that follows carefully before you sign the contract.” (Boldface omitted.) “1. If either you or we choose, any dispute between you and us will be decided by arbitration and not in court. [¶] 2. If such dispute is arbitrated, you and we will give

1 All further statutory references are to the Civil Code unless otherwise stated.

2 up the right to a trial by a court or a jury trial. [¶] 3. You agree to give up any right you may have to bring a class-action lawsuit or class arbitration, or to participate in either as a claimant, and you agree to give up any right you may have to consolidate your arbitration with the arbitration of others.” The section further explained: “Any claim or dispute, whether in contract,…