Brooks v. AmeriHome Mortgage Co., LLC
Annotate this CaseThe Court of Appeal affirmed the trial court court's order granting plaintiff's motion for a preliminary injunction to enjoin arbitration. The court held that the trial court did not abuse its discretion when it found that plaintiff demonstrated a likelihood he would prevail on the issue of whether his claim was arbitrable. In this case, plaintiff would likely prevail on the merits because he cannot be compelled to submit any portion of his representative Private Attorneys General Act of 2004 claim to arbitration. The court also held that the trial court did not abuse its discretion when it found that plaintiff demonstrated that the interim harm he would suffer if the injunction was denied outweighed the harm AmeriHome would suffer if the injunction was granted.
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