Brinkley

Brinkley v. Monterey Fin. Servs., Inc.

Good Law
196 Cal. Rptr. 3d 1·2015 Cal. App. LEXIS 1029·2015 D.A.R. 12·242 Cal. App. 4th 314·15 Cal. Daily Op. Serv. 12
Court of Appeal of CaliforniaNovember 19, 2015D066059California15,542 words

Opinion

Lead Opinion

Aaron, J.

*321 I.

INTRODUCTION

Plaintiff Tiffany Brinkley appeals from an order of the trial court compelling her to arbitrate her individual claims and dismissing her class claims. Brinkley filed a putative class action against defendant Monterey Financial Services, Inc. (Monterey), asserting statutory violations arising from allegations that Monterey unlawfully recorded and/or monitored telephone conversations that Brinkley had with Monterey's representatives. Monterey moved to compel Brinkley to arbitrate her individual claims and to dismiss Brinkley's class claims, based on an arbitration agreement contained in a contract that Brinkley entered into with a third party who subsequently assigned Brinkley's contract to Monterey. The trial court ordered Brinkley to arbitrate her individual claims, and dismissed the class claims, as Monterey had requested.

On appeal, Brinkley raises a number of challenges to the trial court's order compelling arbitration. She contends that (1) the claims fall outside the scope of the arbitration agreement; (2) the arbitration clause is unconscionable and therefore unenforceable; and (3) the court erred in dismissing her class action claims because the…

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