Katherine Quinn v. Hyundai Capital America

I. BACKGROUND

On or about January 2, 2017, Quinn purchased a vehicle from a dealership in Carson, California. Dkt. 13-1 (Saade-Smith Decl.) ¶ 6, Ex. A (RISC). To finance the purchase, Quinn entered into a Retail Installment Contract with the dealership. See RISC. The dealership assigned its rights under the contract to HCA. Saade-Smith Decl. ¶ 8. The RISC requires arbitration of any claim or dispute arising out of Quinn’s purchase or financing of the vehicle. RISC 2. It also provides: “Neither you nor we waive the right to arbitrate by using self- help remedies, such as repossession, or by filing an action to recover the Case 2:21-cv-08930-DSF-PD Document Filed 04/07/ Page 2 of Page ID #:239

vehicle, to recover a deficiency balance, or for individual injunctive relief.” Id. The RISC warned that in the event of theft or damage to the vehicle resulting in a total loss, Quinn would still be liable for the amount owed under the contract not covered by the proceeds of her vehicle insurance and deductible. RISC 2. The RISC additionally stated that Quinn could purchase optional coverage for this “gap” amount. Id. Quinn elected to purchase this optional…