Thank you! That is helpful. It is Gurstel Law Firm for Barclay. There is one problem in the argument the word "may".....there is the 2016 appeal credit card case law in AZ for private arbitration that states "shall" trumps "may" and addresses this type of situation in requesting the specific type of arbitration I am going to request. I am going to use that along with some other things I found on this forum to trap the Plaintiff, as I have a good feeling of how they are going to argue this case.
The court was not familiar at all with what I was going with arbitration. So I am taking it as a good sign & the judge seems like a fair person. I think if I write it honestly, clearly I can be well prepared for an appeal, if it gets denied.
there is plenty of AZ case law for private arbitration in these circumstances, so at least I feel better about writing substance in my argument that is specific to AZ as well as federal. I also have a lot of very specific examples, so it'll make an appeal easier. I am waiting on the original card agreement, but I have my AAA prepared and barclay's notice letter.
The biggest question I have is I can request an 'oral' hearing for the motion or just submit and wait for a response. Any suggestions? I am torn, part of me thinks I can 'catch' any slippery tricks by the plaintiff and address them on the spot. The other part of me honestly believes the judge is going to rule how he rules once he reads the motion.
Thoughts?
