MH Prevails on Motion to Compel Arbitration

MH attorneys successfully compelled to arbitration a matter filed against its client, a leading solar energy service provider, alleging claims of breach of warranty under the federal Magnuson-Moss Warranty Act and California’s Song-Beverly Consumer Warranty Act. Plaintiff attempted to avoid arbitration by arguing that our client had waived its right to arbitration by failing to institute arbitration proceedings against itself in response to a complaint letter, that his Magnuson-Moss Act claims were inarbitrable, and that the presence of our client’s third party installer as a defendant presented a likelihood of inconsistent rulings. The California court rejected all three arguments, finding that our client had established the existence of a valid and enforceable arbitration agreement and that Plaintiff’s claims were arbitrable. The court dismissed the claims against our client and compelled them to arbitration, and stayed the claims against the installer. This win is significant in light of California’s increasing trend towards invalidating arbitration agreements in consumer cases. MH attorneys Allison Fernandez, Jodi Swick, and Matt Matthews handled the motion to compel arbitration.