Kramer

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 DAVID KENT GREENLEY, individually Case No.: 19-cv-00421-GPC-AHG and on behalf of all others similar 13 situated, ORDER DENYING MOTION TO COMPEL ARBITRATION. Plaintiff,

15 v. (ECF No. 43.) 16 AVIS BUDGET GROUP INC., a Delaware and New Jersey corporation Defendant. 19 In the instant case, Plaintiff David Kent Greeley (“Plaintiff”), and the proposed Class, sue Defendant Avis Budget Group, Inc., (“Defendant”) over the gathering and retention of Plaintiff’s private cellphone information by Defendant’s rental vehicle. (ECF No. 38.) Defendant has filed a motion to have Plaintiff’s claims heard in arbitration. (ECF No. 43.) Defendant’s motion raises four issues bearing on the arbitrability of Plaintiff’s claims: (1) was the Rental Jacket, (ECF No. 43-3, Ex. 2), properly incorporated into the Rental Agreement, (ECF No. 43-3, Ex. 1); (2) does the Rental Agreement preclude Plaintiff from…