Class Waiver Cases Addressing ConcepcionGutierrez v. Wells Fargo Bank, NA, Case No. 10-16959 (9th Cir. Dec. 26, 2012) (refusing to vacate district court’s judgment, rejecting argument that interim ruling of Concepcion created new right to arbitrate in this particular class action banking dispute; defendant waived right to arbitrate by litigating to judgment while Concepcion was pending, notwithstanding permissive arbitration clause)Natalini v. Import Motors, Inc., Case No. A133236 (Cal. Ct. App. Jan. 7, 2013) (affirming denial of petition to compel individual arbitration in putative class action lawsuit; class waiver arbitration clause in motor vehicle sales contract procedurally and substantively unconscionable, notwithstanding Concepcion)Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Cal. Ct. App. Jan. 16, 2013) (affirming dismissal of putative class action lawsuit in employment dispute, citing Concepcion; underlying employment agreement contained a class waiver arbitration clause which should be upheld under FAA, notwithstanding California Gentry, Franco, and Truly Nolen decisional law holding such class waivers unenforceable)Claim PreclusionCasady v. The Waffle, LLC, Case No. B235553 (Cal. Ct. App. Jan. 3, 2013) (affirming denial of requests to restore and recommence civil action after arbitration was dismissed for failure of the plaintiff failed to pay of arbitrator’s fee; dismissal of arbitration was a sanction and constituted an award on the merits)

Norton v. Ford of Santa Monica, B237273, 2012 WL 6721400 (Cal. Ct. App. Dec. 28, 2012); Natalini v. Import Motors, Inc., A133236, 2013 WL 64611 (Cal. Ct. App. Jan. 7, 2013). Both trial courts rejected the dealerships’ motions to compel arbitration of complaints alleging multiple causes of action, including violations of the California Consumer Legal Remedies Act, Automobile Sales Finance Act, and Business and Unfair and Deceptive Acts and Practices Act, holding that the arbitration clauses in the RISCs were unconscionable.