Gonzalez

INTRODUCTION

17 This is a putative class action in which Plaintiff Lori Ann Gonzalez (“Gonzalez”) alleges 18 that Defendant Comenity Bank (“Comenity”) has violated California statutes relating to identity 19 theft in connection with credit cards branded for a clothing retailer called “The Limited.” 20 Comenity contends that an arbitration agreement applies and has brought a motion for an order 21 compelling arbitration pursuant to the terms of that agreement. For the reasons set forth below, 22 the Court will deny Comenity’s motion to compel arbitration without prejudice pending a 23 summary determination as to the existence of an arbitration agreement.

BACKGROUND

25 This action involves a credit card account (the “Account”) issued by Comenity and 26 branded for a clothing retailer called “The Limited.” Doc. No. 1, Ex. A (Complaint). Gonzalez 27 contends that she did not open the Account and filed an action against Comenity in Fresno County 28 Superior Court alleging various forms of misconduct on Comenity’s part in connection with her claim of identity theft. Id., Ex. A. For example, Gonzalez alleges that Comenity “pursued [her] for a debt she did not owe” on…