McGovern
McGovern v. U.S. Bank, N.A.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 REYNA MCGOVERN, on behalf of Case No.: 18-CV-1794-CAB-LL herself and all others similarly situated,
ORDER DENYING MOTION FOR
Plaintiff, RECONSIDERATION v. 13 U.S. BANK N.A., [Doc No. 64] 14 Defendant. 15 16 On August 10, 2020, the Court granted Plaintiff’s motion for reconsideration of a prior order granting Defendant’s motion to compel arbitration of Plaintiff’s individual claims. [Doc. No. 54.] In that August 10 Order, the Court held: 1. Based on Blair v. Rent-A-Ctr., Inc., 928 F.3d 819, 831 (9th Cir. 2019), the public injunction waiver language in the arbitration provision in Plaintiff’s 21 Deposit Account Agreement is encompassed by McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), meaning that the public injunction waiver is invalid and unenforceable; and 23 2. Based on McArdle v. AT&T Mobility LLC, 772 F. App'x 575 (9th Cir. 2019), cert. denied, No. 19-1078, 2020 WL 2814785 (U.S. June 1, 2020), the unambiguous …