McGovern
McGovern v. U.S. Bank, N.A.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA REYNA MCGOVERN, on behalf of Case No.: 18-CV-1794-CAB-LL herself and all others similarly situated,
ORDER GRANTING MOTION FOR
Plaintiff, RECONSIDERATION v. 12 U.S. BANK N.A., [Doc No. 49] 13 Defendant. 14 15 On January 25, 2019, the Court granted Defendant’s motion to compel arbitration of Plaintiff’s individual claims. [Doc. No. 28.] In doing so, the Court rejected Plaintiff’s arguments that the arbitration provision in the Deposit Account Agreement between Plaintiff and Defendant U.S. Bank, N.A. (“USB”) is invalid and unenforceable based on the California Supreme Court’s holding in McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), that waivers of the right to seek public injunctive relief in any forum are unenforceable. In the order compelling arbitration, the court held that: (1) Plaintiff does not seek public injunctive relief in this case; (2) Plaintiff lacks Article III standing to seek public injunctive relief; and (3) and that…