Sabia v. Orange County Metro Realty, Inc.

173 Cal. Rptr. 3d 485 (2014)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Sabia v. Orange County Metro Realty, Inc.

Court of Appeal of California
173 Cal. Rptr. 3d 485 (2014)

Facts

Frank Sabia and eight other individuals (plaintiffs) filed a class action suit in California state court against The Home Defender Center (Home Defender) and others (defendants). Home Defender was a mortgage-foreclosure consultant. Sabia asserted an action for fraud, breach of contract, and other claims. The class alleged that Home Defender duped customers into signing loan-modification agreements that were contracts of adhesion. Sabia also alleged that Home Defender kept monies paid by the class for services that were never rendered. Additionally, the class claimed that the loan-modification agreements contained an arbitration clause that required the class members to arbitrate claims against Home Defender, but did not require Home Defender to arbitrate claims against the class members. Sabia claimed that the one-way nature of the arbitration clause made the contact unconscionable, combined with the fact that the contract was written in English and orally explained to class members in Spanish. The trial court upheld the arbitration provision. Sabia appealed.

Rule of Law

Issue

Holding and Reasoning (Rubin, J.)

Dissent (Grimes, 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 743,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead 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.

    Learn about our approachRead more about Quimbee

Here's why 743,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 743,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership