Roberts
Roberts v. El Cajon Motors, Inc.
Opinion
Lead Opinion
Benke, J.
El Cajon Motors, Inc., doing business as El Cajon Ford (El Cajon), appeals from an order denying its petition to compel arbitration of an action brought by Yaube Roberts individually and on behalf of others similarly situated for violation of, inter alia, the Automobile Sales Finance Act (Civ. Code, § 2981 et seq.; ASFA), the Consumers Legal Remedies Act (id., § 1750 et seq.) and the unfair competition law (Bus. & Prof. Codé, § 17200 et seq.; UCL). Because we conclude substantial evidence in the record supports the finding of the trial court that El Cajon forfeited arbitration, we affirm the trial court’s order.
*835 FACTUAL AND PROCEDURAL BACKGROUND
In late June 2009, Roberts sued El Cajon and Crescent Bank & Trust (Crescent). Roberts’s first and second causes of action against El Cajon are based on violations of the ASEA and the UCL, respectively, and are brought on her own behalf and on behalf of classes of similarly situated persons.
Roberts alleges she was one of many customers who, during the four years prior to the date she filed the complaint, purchased a vehicle from El Cajon using a retail installment sale contract (RISC). According to Roberts, she entered…