Fagerstrom

Fagerstrom v. Amazon.com, Inc.

Good Law
141 F. Supp. 3d 1051·2015 WL 6393948·2015 U.S. Dist. LEXIS 143295
United States District Court, Southern District of CaliforniaOctober 21, 2015Case No. 15-cv-96-BAS-DHBCalifornia10,338 words

Opinion

Lead Opinion

Bashant, J.

ORDER GRANTING DEFENDANT’S MOTION TO COMPEL ARBITRATION

Plaintiffs Andrea Fagerstrom (“Fager-strom”) and Allen Wiseley (‘Wiseley”) filed this putative class action against Defendant Amazon.com, Inc. (“Amazon”) alleging California state law claims related to false advertising and unfair business practices. (ECF No. 1, Attach. 3) The suit was originally filed in state court and removed to this Court pursuant to the Class Action. Fairness Act, 28 U.S.C. § 1332 (d). '(EOF No. 1.) Amazon now moves to compel arbitration and dismiss Plaintiffs’ claims based on the" arbitration agreement (“Arbitration Agreement” or “Agreement”) Plaintiffs agreed to when they made purchases through Amazon. (ECF No. 11.) Plaintiffs filed an opposition — arguing that the Agreement is illusory or, in the alternative, unconscionable— to which Amazon replied. (ECF No. 16; ECF No. 17.)

The Court finds this motion suitable for decision on the papers and without oral argument. See Civ. L.R. 7.1(d)(1). Accordingly, the Court DENIES Plaintiffs’ ex parte motion for oral argument. (ECF No. 18.)

*1057 For the reasons that follow, the Court GRANTS Amazon’s Motion to Compel Arbitration and DISMISSES this action…

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