Clay v. New Mexico Title Loans, Inc.

OPINION

BUSTAMANTE, Judge.

{1} New Mexico Title Loans, Inc. (Lender) appeals from the district court’s denial of its motion to compel arbitration. The district court ruled that (1) the arbitration clause is substantively unconscionable because it is against public policy and because the appeals clause unfairly benefits Lender over borrowers, and (2) the arbitration provision is ambiguous as to whether Chris “Harry” Clay’s (Borrower) tort claims are subject to arbitration, and the provision is, therefore, unenforceable. We conclude that Borrower’s tort claims are not within the scope of the…