Brinkley v. Monterey Fin. Serv.Annotate this Case
Plaintiff filed a putative class action against defendant, asserting statutory violations arising from defendant unlawfully recording and/or monitoring her telephone conversations with defendant's representatives. On appeal, plaintiff challenged the trial court's order compelling arbitration of plaintiff's individual claims and dismissing her class claims. The court concluded that plaintiff's claims fall within the scope of the arbitration agreement and that the arbitration agreement is enforceable, with the exception of one provision that the court found to be unconscionable under the applicable jurisdiction's law. The court concluded that it is possible to sever the unconscionable provision from the remainder of the arbitration agreement and from the contract as a whole. Therefore, the court affirmed the trial court's order compelling arbitration. However, the court reversed the portion of the trial court's order compelling the arbitration of plaintiff's individual claims and dismissing plaintiff's class claims because the parties' agreement delegates to the arbitrator the question whether class arbitration is available under the contract.