Cortes

Background 23 Plaintiff Cesar Cortes (“Plaintiff” or “Cortes”) filed a putative class action 24 complaint against Defendant Cabrillo Credit Union (“Defendant” or “Cabrillo”) alleging 25 violations of the Electronic Fund Transfer Act, Regulation E, 12 C.F.R. § 1005 et seq. 26 and violation of California’s Unfair Competition Law, California Business & Professions 27 Code section 17200. (Dkt. No. 1.) Around October 23, 2017, Plaintiff visited the 28 Cabrillo Credit Union to obtain an auto loan. (Dkt. No. 30-1, Cortes Decl. ¶ 2.) In order to obtain a loan, Defendant required that an account be opened. (Id. ¶ 3.) Cortes opened the required accounts, including a checking account, and signed a membership application. (Id.; Dkt. No. 29-1, Davis Am. Decl. ¶ 7; id., Ex. B.) The Truth in Savings Disclosure and Agreement (“Agreement”) is a standard form and according to Defendant’s practice and policy, it is given to each new member when opening an account and signing a membership application. (Dkt. No. 29-1, Davis Am. Decl. ¶¶ 3, 4; id., Ex. A.) The Agreement contains an arbitration clause stating, “[i]n the event a dispute arises under this Agreement or…