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NM Court of Appeals Schedules February 11, 10:00 AM Hearing

February 10, 2016 - Jen Laws

New Mexico Court of Appeals

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Thursday, February 11, 2016. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Judge James J. Wechsler, Judge Jonathan B. Sutin (’63), and Judge Linda M. Vanzi (’95).

Following are the details of the case:

MICHAEL A. POOL and MICHELLE POOL, Plaintiffs-Appellees, represented by Rob Treinen and Jennifer Bennett


DRIVETIME CAR SALES COMPANY, LLC d/b/a DRIVETIME and JEREMY MENDOZA, Defendants-Appellants, represented by Frank Alvarez, Christina Gratke Nason, and Mark J. Levin

Plaintiffs Michael A. Pool and Michelle Pool asserted claims of fraud, violation of the New Mexico Unfair Practices Act and unconscionability and sought damages and equitable relief arising out of their purchase of a used 2005 Dodge Durango from Defendants DriveTime Car Sales Company, LLC and salesperson Jeremy Mendoza. As a condition of buying the Durango, DriveTime required the Pools to sign an arbitration contract, which was “incorporated” into and “a part of’ the financing agreement for the car. The Durango had been in an accident, and had sustained extensive damage, contrary to the assurances of Mr. Mendoza who showed them an AutoCheck report to purportedly prove it. The Pools allege that DriveTime knew about this all along and deliberately hid it from them. The Durango also suffered mechanical problems that DriveTime allegedly refused to fix. The District court denied Defendants’ motion to compel arbitration on the ground that the Arbitration Agreement is substantively (but not procedurally) unconscionable. Defendants-Appellants request review of the District court’s denial.

For more information, contact Nora Gonzales at 505-841-4618.