Quiroz

Quiroz v. Cavalry SPV I, LLC

Good Law
217 F. Supp. 3d 1130·2016 WL 6804395·2016 U.S. Dist. LEXIS 162955
United States District Court, Central District of CaliforniaNovember 16, 2016Case No. 2:16-cv-04779-JFW-ECalifornia3,349 words

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…

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