Essay Jose Ramos And The Civil Code

1062 Words Dec 21st, 2015 5 Pages
In 2011, Alfredo Ramos (Ramos) purchased a used car from Pena 's Motors in Brentwood, California. The negotiations of the sale were conducted in Spanish (Ramos ' native language). In consummating the sale, Ramos signed a Conditional Sales Contract and Security Agreement (contract) in English; however, Ramos was given a copy of the contract in Spanish, as well. Ramos also elected to purchase a GAP insurance policy that would pay the difference between the cash value of the vehicle and the remaining balance owed (on the car) in the event the vehicle was totaled. Ramos was not provided a copy of this GAP policy in Spanish, as required. Both the contract and GAP policy were later assigned to the defendant, Westlake Services, LLC (Westlake).

In 2013, Ramos sued Westlake because he was never provided a copy of the GAP policy in Spanish as required by Section 1632 of the California Civil Code, which requires the contract to be provided in the language it was negotiated in.

In response to Ramos ' lawsuit, Westlake moved to compel arbitration. In doing so, Westlake relied on specific language in the English sales contract which included an arbitration provisionfor all disputes arising out of or related to the purchase of the vehicle.

Ramos opposed Westlake 's Motion to Compel Arbitration. Ramos argued that while the English version of the contract contained an arbitration clause, the Spanish version of the contract that he was given did not. Further, Ramos asserted that at no time…

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