Phillips

In a consumer class action alleging misrepresentation of cellular telephone rates, the trial court in 2006 denied defendants’ motion to compel arbitration based upon a finding that the provisions in the underlying customer contracts requiring bilateral arbitration and waiving a class action are unconscionable under California law. Years later, after the United States Supreme Court abrogated the California rule and upheld the validity of class action waivers in consumer contracts (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. _ [ 179 L.Ed.2d 742 , 131 S.Ct. 1740 ] (Concepcion)), defendants renewed the motion to compel arbitration. After revisiting its prior order based on the intervening change of law, the trial court granted the motion. Plaintiff appeals, contending that the initial order denying arbitration is res judicata, precluding a renewed motion and reconsideration. We conclude that renewal of the motion was proper and shall affirm the order compelling arbitration.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

In December 2003, Diane Tucker brought an action against Sprint PCS and Sprint Spectrum L.P. (collectively, Sprint) alleging that Sprint misrepresented its…