Lewis
Lewis v. Fletcher Jones Motor Cars, Inc.
Opinion
Lead Opinion
Aronson, J.
*440 Opinion
Defendant Fletcher Jones Motor Cars, Inc. (Fletcher Jones), appeals from an order denying its motion to compel plaintiff Christy Lewis to arbitrate her claims arising out of the “California Motor Vehicle Lease Agreement” (Lease) she entered into with Fletcher Jones. The trial court found the Lease’s arbitration provision to be unconscionable and Fletcher Jones waived its right to arbitration by unreasonably delaying its arbitration demand and litigating Lewis’s claims on the merits. Under the controlling standard of review, we conclude substantial evidence supports the trial court’s waiver determination. Accordingly, we affirm the trial court’s order without deciding whether the Lease’s arbitration provision is unconscionable.
I
Facts and Procedural History
In October 2006, Lewis leased a car from Fletcher Jones pursuant to the Lease. When she returned the car at the Lease’s expiration in January 2011, Fletcher Jones billed Lewis nearly $19,000 for exceeding the Lease’s mileage allowance, missed payments, and late charges.
On January 14, 2011, Lewis filed this action against Fletcher Jones, alleging claims for (1) violation of the Vehicle Leasing Act (Civ. Code,…