Olson v. Six Rivers Nat. Bank

[David A. Szwak]

The Olsons sued Six Rivers for tort damages, declaratory relief, rescission, and violation of the California Consumer Credit Reporting Agencies Act (Credit Reporting Act). The trial court denied Six Rivers' motion to compel arbitration, yet stayed arbitration pending the outcome of the litigation. In an earlier appeal (appeal No. A088242), we affirmed the stay of arbitration and reversed in part the denial of the motion to compel arbitration. In particular, we held the tort damage claims were subject to the arbitration clause, while the equitable claims for rescission and declaratory relief, and the claims under the Credit Reporting Act, were not. Upon remand, Six Rivers moved to bifurcate the equitable causes of action from the causes of action under the Credit Reporting Act. The court granted the motion and ordered the equitable causes of action tried first. Olson v. Six Rivers Nat. Bank, 111 Cal.App.4th 1, 3 Cal.Rptr.3d 301, 3 Cal. Daily Op. Serv. 7069, 2003 Daily Journal D.A.R. 8843, Cal.App. 1 Dist., Aug 08, 2003.