Rosner, Barry & Babbitt argues arbitration class action in Court of Appeal

Rosner, Barry & Babbitt, LLP’s Auto Fraud Legal Center Partner Hawk Barry appeared before the California Court of Appeal, Fourth District, Division Two, on Monday, June 28, 2010, for oral argument in the case of Fisher v. DCH Honda of Temecula.  The Fisher case is a class action case on behalf of two classes of consumers, one with backdated retail installment sale contracts and one with retail installment sale contracts that disclose the license and registration fees jointly, rather than separately.  DCH Honda of Temecula had moved in the trial court to compel the case to arbitration, but Judge Mac Fisher of the Riverside County Superior Court denied DCH’s motion in February 2009.  DCH then filed an appeal.  In April 2010 the Court of Appeal issued a tentative ruling affirming the trial court’s order, and disagreeing with the hoding of the United States Court of Appeal for the Ninth Circuit in Ting v. AT&T (9th Cir. 2003) 319 F.3d 1126.  The tentative ruling indicated that it would be certificed for publication.  After hearing oral argument from Mr. Barry and defense counsel, the case was taken under submission.  A decision from the Court of Appeal is due by September 27, 2010.

This entry was posted on Tuesday, June 29th, 2010 at 9:30 pm and is filed under Auto Fraud, Automobile Sales Finance Act, California Auto Fraud, Class Action . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.