Stewart

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

STEPHEN STEWART, Case No. 22-cv-04684-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. COMPEL ARBITRATION

ACER INC., et al., Re: Dkt. No. 21 Defendants.

The motion to compel arbitration is granted. Acer argues that Stewart is bound by the arbitration provision in the End User License Agreement, which users encounter when firing up their computers for the first time. In the alternative, Acer argues that Stewart agreed to binding arbitration when he purchased his computer after reviewing the Acer Limited Warranty Agreement, which contains a binding arbitration provision. Because Stewart is bound by the arbitration provision in the License Agreement, the Court does not reach Acer’s arguments regarding the Warranty Agreement. Users encounter the License Agreement as part of a split-screen scrollwrap agreement, which they are required to “Accept” before being allowed to use their computers. The first sentence of the License Agreement alerts users:

THIS AGREEMENT CONTAINS A MANDATORY AND

BINDING ARBITRATION PROVISION IN WHICH YOU AND

ACER AGREE TO RESOLVE ANY…