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Fisher v. DCH Temecula Imports LLC, E047802

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By FindLaw Staff on August 16, 2010 5:20 PM

Fisher v. DCH Temecula Imports LLC, E047802, involved a plaintiff's suit for injunctive relief, restitution, rescission, and damages both on her own behalf and as a class action lawsuit against an automobile dealer, claiming several causes of action including violation of the California Legal Remedies Act (CLRA).


In affirming the trial court's denial of defendant's petition to compel arbitration, the court held that the CLRA is not preempted by the FAA, and the arbitration clause at issue here required plaintiff to waive an unwaivable statutory right under the CLRA to bring a classwide arbitration or class action lawsuit, which violates the public policy, underlying these rights.

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