Legal Opinion
Smith v. Microskills San Diego L.P.
California Court of Appeal
Decided July 26, 2007No. D047756PublishedCited by 13 opinions
1Opinion of the Court
Opinion
BENKE, J.
The arbitration provisions of a student loan agreement do not apply to claims against a school which are entirely unrelated to the terms or enforceability of the loan. In particular, the reference in an arbitration clause of a student loan agreement to “relationships which result from” the loan agreement does not include the borrower’s relationship with his or her school. Accordingly, we affirm the trial court’s order denying the defendant school’s petition to arbitrate the plaintiff student’s statutory claims.
FACTUAL AND PROCEDURAL BACKGROUND
In the spring of 2004 plaintiff…
2Cases cited17 opinions
- Green Tree Financial Corp. v. BazzleSupreme Court of the United States · 2003
- Lucas v. HammCalifornia Supreme Court · 1961
- Discover Bank v. Superior CourtCalifornia Supreme Court · 2005
- Gutierrez v. Autowest, Inc.California Court of Appeal · 2004
- Branick v. Downey Savings & Loan Ass'nCalifornia Supreme Court · 2006
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cohen v. TNP 2008 Participating Notes Program, LLC, California Court of Appeal, 5th District2019
- Ronay Family Limited Partnership v. TweedCalifornia Court of Appeal · 2013
- Van Nguyen v. TranCalifornia Court of Appeal · 2007
- Benaroya v. Willis, California Court of Appeal, 5th District2018
- Bouton v. USAA Casualty InsuranceCalifornia Court of Appeal · 2008
8 more not listed; retrieve them via the Exa API.