Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Discover Bank v. Superior Court

California Supreme Court
113 P.3d 1100 (2005)


Christopher Boehr (plaintiff) obtained a credit card from Discover Bank (defendant). Discover sent its cardholders an amendment to the cardholder agreement, adding an arbitration clause. The arbitration clause prohibited cardholders from participating in classwide arbitration. The amendment notice told cardholders that if they chose to not accept the amendment, they could terminate their Discover account. Boehr did not inform Discover of any objection to the clause and did not terminate his account. Approximately two years later, Boehr filed a class action suit in superior court, alleging that Discover engaged in a deceptive practice. Pursuant to the arbitration clause, Discover filed a motion to compel arbitration with Boehr individually and to dismiss the class action suit. The California Supreme Court granted review.

Rule of Law


Holding and Reasoning (Moreno, J.)

Concurrence/Dissent (Baxter, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 496,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial