Detwiler

Detwiler v. United States District Court

Good Law
305 F. App'x 353
United States Court of Appeals for the Ninth CircuitDecember 12, 2008No. 08-72823California1,184 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Detwiler (“Detwiler”) petitions for a writ of mandamus vacating the district court’s order compelling arbitration. Detwiler challenges the district court’s conclusion that, as specified by her contract with T-Mobile, Florida law governs the instant dispute, even though the arbitration provision contains a class action waiver. Detwiler also challenges the district court’s *355 conclusion that the choice-of-law provision is not unconscionable. We deny the petition.

Because this suit was filed in the Western District of Washington, we must look to Washington’s choice-of-law rules. See Patton v. Cox, 276 F.3d 493, 495 (9th Cir.2002) (‘When a federal court sits in diversity, it must look to the forum state’s choice of law rules to determine the controlling substantive law.”). Accordingly, resolution of this dispute requires determining: (1) whether there is an actual conflict of laws between Washington and Florida, and if so, (2) whether the parties’ choice of Florida law is effective. See Erwin v. Cotter Health Ctrs., 161 Wash.2d 676 , 167 P.3d 1112, 1120 (2007). The parties agree that an actual conflict of laws exists between Washington and Florida as to the…

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