Legal Opinion

Rivera v. American General Financial Services, Inc.

New Mexico Court of Appeals

Decided February 18, 2010No. 28,691; 32,340PublishedCited by 13 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} Plaintiff Kim Rivera appeals from the district court’s grant of Defendants’ motion to compel arbitration and stay proceedings. Plaintiff raises five issues on appeal: (1) whether the Arbitration Provisions of the Loan Agreement (the agreement) between Plaintiff and Defendant American General Financial Services, Inc. (American General) were substantively unconscionable; (2) whether the Arbitration Provisions were procedurally unconscionable; (3) whether American General’s promise to arbitrate was illusory; (4) whether it was inappropriate for the district court to…

2Cases cited20 opinions

  1. Perry v. ThomasSupreme Court of the United States · 1987
  2. Walther v. Sovereign BankCourt of Appeals of Maryland · 2005
  3. Conseco Finance Servicing Corp. v. WilderCourt of Appeals of Kentucky · 2001
  4. Cordova v. World Finance Corp. of NMNew Mexico Supreme Court · 2009
  5. United States of America, Appellant/cross-Appellee v. George O. Krizek, M.D., Appellees/cross-AppellantsCourt of Appeals for the D.C. Circuit · 1997

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3Cited by13 opinions

  1. Rivera v. American General Financial Services, Inc.New Mexico Supreme Court · 2011
  2. Thi of New Mexico at Hobbs Center, LLC v. SpradlinDistrict Court, D. New Mexico · 2012
  3. Thi of New Mexico at Vida Encantada, LLC v. LovatoDistrict Court, D. New Mexico · 2012
  4. Strausberg v. Laurel Healthcare Providers, LLCNew Mexico Court of Appeals · 2012
  5. Dalton v. Santander Consumer USA, Inc.New Mexico Court of Appeals · 2015

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