Duick v. Toyota Motor Sales, U.S.A., Inc.

198 Cal.App.4th 1316 (2014)

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Nature of the Case

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Facts

P unwitting participated in an Internet-based advertising campaign launched by Ds in connection with Toyota's Matrix automobile. “Your Other You,” “consisted of sending an unwitting recipient emails from an unknown individual.” Any visitor to the Toyota Matrix Web site could designate another person for participation in the Your Other You “interactive experience.” The designee would then receive an e-mail purportedly from the inviting player to click a hyperlink that was in some manner “identified with Toyota.” The link would direct the designee to a Web page entitled “Personality Evaluation,” which displayed a drawing of a door with the word “Begin” underneath. Clicking on the door would direct the designee to a second Web page entitled “Personality Evaluation Terms and Conditions.” In order to continue beyond that page the designee was required to scroll through certain text (the terms and conditions) and, at the end of that text, click a box next to the following sentence: “I have read and agree to the terms and conditions.” The terms and conditions contain the following arbitration provision: “You agree that … any and all disputes, claims, and causes of action arising out of, or connected with, Your Other You … shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures.” Over the next several days, P would receive e-mails of an unsettling nature from an “unknown individual” who appeared to have access to her personal information. P received “an unsolicited email asking [her] to take a personality test.” She does not remember clicking the box signifying her agreement to the terms and conditions, and she claims that for various technical reasons, the text of the terms and conditions was impossible to read in its entirety. “Sebastian Bowler” sent e-mails to P that lead P to reasonably believe that Sebastian was on the run from the law and was also traveling with Trigger, a pit bull. One email accurately stated her previous home address, describing it as a “Nice place to hide out,” and advising her that “Trigger don't throw up much anymore, but put some newspaper down in case.” Bowler's MySpace page portrayed him as a 25-year-old Englishman and “a fanatical English soccer fan who enjoyed drinking alcohol to excess”; the page also displayed photographs of a pit bull dog. E-mails from Bowler described his cross-country journey by car to visit her, including photos and videos of his travels and references to his efforts to evade law enforcement. “Jimmy Citro,” sent an email billing P for the damage Sebastian had done to a motel's property. The final e-mail included a link to a video revealing that Sebastian was a fictional character and that the entire sequence of e-mails was an elaborate prank. This was all supposed to be part of an advertising campaign for the Toyota Matrix. P sued Ds for intentional infliction of emotional distress, negligence, and false advertising, and seeking “compensatory damages of not less than $10,000,000” as well as other forms of relief. Ds moved to compel arbitration on the basis of the arbitration provision in the terms and conditions. The court denied the motion and Ds appealed.