Auto Fraud Legal Center Defeats Another Motion to Compel Arbitration in a Class Action

Rosner, Barry & Babbitt, LLP’s Auto Fraud Legal Center is pleased to announce that it has successfully defeated a motion to compel to arbitration in a backdating class action in San Diego County, the Honorable Ronald Prager presiding.  The lawsuit, entitled Roberts v. El Cajon Motors dba El Cajon Ford, Case No. 37-2009-00092945-CU-CO-CTL, revolves around two business practices at El Cajon Ford.  The first is backdating retail installment sale contracts, where Ms. Roberts alleges that when customers were called back to El Cajon Ford to sign a new contract to purchase the same vehicle, El Cajon Ford dated the subsequent contract the same date as the original contract, thereby causing undisclosed charges.  The second practice and proposed class involves El Cajon Ford’s practice of failing to disclose deferred down payments and using Hold Check Agreements that contain different payment terms than the retail installment sale contracts.  The Court held that El Cajon Ford waived its right to compel arbitration and that the arbitration clause was procedurally and substantively unconscionable.  For more information about the case, contact Hawk Barry at 800-466-5366 or hawk@rbblawgroup.com.

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