Gonzalez
Gonzalez v. Comenity Capital Bank
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 LORI ANN GONZALEZ, individually and CASE NO. 1:19-CV-00342-AWI-EPG on behalf of others similarly situated, 9 Plaintiff, ORDER ON DEFENDANT COMENITY CAPITAL BANK’S MOTION TO v. COMPEL ARBITRATION
COMENITY CAPITAL BANK, DOES 1-
30, (Doc. No. 20)
Defendants.
14 15 16 INTRODUCTION This is a putative class action in which Plaintiff Lori Ann Gonzalez (“Gonzalez”) alleges that Defendant Comenity Capital Bank (“Comenity Capital”) has violated California statutes relating to identity theft in connection with credit card accounts branded for retailers Blair and Overstock.com (the “Accounts” or, individually, the “Account”). Comenity Capital contends that arbitration agreements apply to Gonzalez’s claims as to both Accounts and has brought a motion for an order compelling arbitration pursuant to the terms of those agreements. For the reasons set forth below, the Court will deny Comenity…