Posts Tagged ‘Jeffrey W. Johnson’

Second District Invalidates Form Arbitration Clause Pre-Printed on Back Page of Auto Sale Contract

In Arbitration, Concepcion on June 5, 2013 at 4:47 pm
Lone Star Auto Sales

Lone Star Auto Sales (Photo credit: jamesmixon84)

The Second District yesterday invalided an arbitration clause pre-printed on the back of an auto sales contract.  Vargas v. SAI Monrovia B, Inc., No. B237257, __ Cal. App. 4th __ (2d Dist. June 4, 2013).  The court revisited its holding in Sanchez v. Valencia Holding Co., LLC, 201 Cal. App .4th 74 (2012), review granted March 21, 2012, S199119.  In Sanchez the court held that a “Retail Installment Sale Contract” used to purchase an automobile is unconscionable and unenforceable.  In Vargas, the court again concluded that the identical sale contract does not require the arbitration of disputes between a purchaser and a car dealer because it is permeated by unconscionability.  You can read more here.



Allowing Amendment of Complaint Near End of Trial Found an Abuse of Discretion

In Other Cases of Interest on April 30, 2013 at 5:45 pm
My new lateness reminder...

My new lateness reminder… (Photo credit: adityasen)

The Second District issued its ruling today in Duchrow v. Forrest, __ Cal. App. 4th __, No. B233736 (2d Dist. Apr. 30, 2013).  The panel held that the lower court abused its discretion by permitting an amendment to a complaint on the fourth day of a five-day trial, where there was no reason the amendment could not have been made sooner.  The court found prejudice because, inter alia, the damages sought changed from $44,082.22, as pleaded in the complaint, to $312,260 in attorney fees.   You can read more here.