Miguel Ibarra v. Navient Solutions, LLC

Good Law
United States District Court, Central District of CaliforniaDecember 5, 20198:19-cv-01764California3,111 words

Opinion

trial_court Opinion

I. BACKGROUND

On June 15, 2006, Ibarra filled out a “Full Sail Signature Student Loan Application and Promissory Note” with Sallie Mae Education Trust for the amount of $12,000. (Petition ¶ 10; Loan Agreement, Petition Ex. 1, Doc. 1-1.) Under the Loan Agreement, Sallie Mae assigned certain rights to Navient. (See Arbitration Award at 1, Lueck Decl. Ex. E., Doc. 7-1.) The Loan Agreement incorporates an arbitration agreement which states that “either party may elect to arbitrate – and require the other ____________________________________________________________________________

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:19-cv-01764-JLS-DFM Date: December 05, 2019 Title: Miguel Ibarra v. Navient Solutions, LLC party to arbitrate – any Claim.” (Loan Agreement at 6, § Q.) It further provides, in pertinent part:

The arbitrator’s award will be final and binding except for: (A) any appeal right under the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and (B) Claims involving more than $50,000. For Claims involving more than $50,000, any party may appeal the award to a…

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