Legal Opinion
Duick v. Toyota Motor Sales, U.S.A., Inc.
California Court of Appeal
Decided August 31, 2011No. B224839PublishedCited by 13 opinions
1Opinion of the Court
Opinion
ROTHSCHILD, J.
Defendants Toyota Motor Sales, U.S.A., Inc. (Toyota), and Saatchi & Saatchi North America, Inc. (Saatchi), appeal from the denial of their motion to compel arbitration of plaintiff Amber Duick’s claims. We affirm because the putative contract is void on account of fraud in the inception.
BACKGROUND1
Duick’s claims arise from her apparently unwitting participation in an Internet-based advertising campaign launched by defendants in connection with Toyota’s Matrix automobile. The campaign, known as “Your Other You,” “consisted of sending an unwitting recipient emails from an…
2Cases cited4 opinions
- Rosenthal v. Great Western Financial Securities Corp.California Supreme Court · 1996
- Robertson v. Health Net of California, Inc.California Court of Appeal · 2005
- Jones v. Adams Financial ServicesCalifornia Court of Appeal · 1999
- Larian v. LarianCalifornia Court of Appeal · 2004
3Cited by13 opinions
- National Bank v. Progressive Casualty InsuranceDistrict Court, C.D. California · 2013
- Carickhoff v. GoodwinUnited States Bankruptcy Court, D. Delaware · 2020
- DKS, Inc. v. Corporate Business Solutions, Inc.Court of Appeals for the Ninth Circuit · 2017
- DKS, Inc. v. Corporate Business Solutions, Inc.Court of Appeals for the Ninth Circuit · 2017
- DKS, Inc. v. Corporate Business Solutions, Inc.Court of Appeals for the Ninth Circuit · 2017
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