Robert Smith v. Americredit Financial Services
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- Dana M. Sabraw (district judge)
- Outcome
- vacated — VACATED AND REMANDED.
- Area
- civil
Analysis
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Opinion
FILED NOT FOR PUBLICATION DEC 13 2011
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERT SMITH, an individual, No. 09-57016 individually and on behalf of a class of similarly situated persons, D.C. No. 3:09-cv-01076-DMS- BLM Plaintiff - Appellant, v. AMERICREDIT FINANCIAL SERVICES, ORDER INC., a business entity form unknown, DBA ACF Financial Services, Inc., Defendant - Appellee.
Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding Argued and Submitted December 8, 2011 Pasadena, California Before: B. FLETCHER, SILVERMAN, and WARDLAW, Circuit Judges.
Because of recent developments after the district court’s order on December 11, 2009, we vacate the order compelling arbitration and remand the matter for reconsideration in light of AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011), and Sanchez v. Valencia Holding Co., ___ Cal. Rptr. 3d ___, 2011 WL 5865694 (Ct. App. 2011). VACATED AND REMANDED.