Cal. Court of Appeal Invalidates Arbitration Clause with Class Action Waiver as Inconsistent with the CLRA

In Fisher v. DCH Temecula Imports, LLC (2010) 2010 DAR 12715 , the California Court of Appeal refused to enforce an arbitration clause with a class action waiver in it, distinguishing Arguelles-Romero v. Superior Court (2010) 184 Cal.App.4th 825 as merely dealing with claims under the Rees-Levering Automobile Sales Finance Act, not the CLRA, — the latter of which gives the consumer a non-waivable right to bring a class action.  Fisher invalidated a class action waiver and hence the entire arbitration clause in a car finance contract.  The Court of Appeal also held that the Federal Arbitration Act did not preempt this result because the CLRA bans waiver in any agreement, not just arbitration agreements.