Quiroz
Quiroz v. Cavalry SPV I, LLC
Opinion
Lead Opinion
Honwalter, J.
STATEMENT OF DECISION GRANTING DEFENDANT CAVALRY SPV I, LLC’S MOTION TO COMPEL ARBITRATION
Having read and considered the papers and arguments of the parties, the Court finds and concludes as follows:
1. RELEVANT FACTUAL BACKGROUND
On January 4, 2011, plaintiff Javier Qui-roz (“Quiroz”) and his wife visited Santa Paula Dental Care, where his wife was obtaining dental work. See ECF No. 1 ¶ 12; ECF-No. 32 ¶5. To pay for the services, Quiroz submitted an application to GE Money Bank, which is now named Synchrony Bank (“Synchrony”), for a Ca-reCredit account. 1 See ECF No. 28-1 ¶ 6, Ex. 1; ECF No. 32 ¶7. All Synchrony CareCredit accounts are governed by a written agreement setting forth the terms and conditions of the account (the “Card Agreement”). See ECF No. 28-1 ¶ 7. As part of the account-opening process, Synchrony requires merchant providers, like Santa Paula Dental Care, to give customers a copy of the blank CareCredit account application, which includes the Card Agreement as an attachment. Id. ¶ 7, Ex. 2. The application expressly informs the customer that Card Agreement:
Id. at 17 ¶ 3. Once the application is completed, the Card Agreement is detached from the application…