Crooks

Crooks v. Wells Fargo Bank, N.A.

Good Law
312 F. Supp. 3d 932
United States District Court, Southern District of CaliforniaJune 4, 2018Case No. 18–cv–0219 DMS (JLB)California2,402 words

Opinion

Lead Opinion

Honsabraw, J.

Pending before the Court is Defendant Wells Fargo Bank, N.A.'s motion to compel *935 arbitration. Plaintiff Taneesha Crooks filed an opposition, and Defendant filed a reply. For the following reasons, the Court grants Defendant's motion and stays further proceedings pending arbitration.

I.

BACKGROUND

On October 30, 2013, Plaintiff purchased a used 2006 Nissan Armada from Kearny Mesa Toyota in San Diego, California. (Declaration of J. Tann Pace ("Pace Decl.") ¶ 4, Ex. A; Declaration of Taneesha Crooks ("Crooks Decl.") ¶ 4.) When Plaintiff purchased the vehicle, she signed a Retail Installment Sales Contract with the dealership, which assigned its rights in the Contract to Defendant. ( Id. ¶ 5, Ex. A; Compl. ¶ 22.) In a signature section of the Contract entitled "Agreement to Arbitrate[,]" Plaintiff was reminded, "By signing below, you agree that, pursuant to the Arbitration Provision on the reverse side of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action." (Pace Decl. ¶ 4, Ex. A.) The Contract contained an arbitration provision, which appears in a section labeled " ARBITRATION PROVISION " and includes the…

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