Kolev v. Euromotors West/The Auto Gallery

Decision Date11 April 2012
Docket NumberNo. 09–55963.,09–55963.
Citation676 F.3d 867
PartiesDiana KOLEV, Plaintiff–Appellant, v. EUROMOTORS WEST/THE AUTO GALLERY; Motorcars West LLC; HM Gray Family II Inc; Gray Family II LLC; Bennett Automotive I Inc; Bennett Automotive II Inc, Defendants–Appellees.andPorsche Cars North America, Inc., Defendant.
CourtU.S. Court of Appeals — Ninth Circuit

OPINION TEXT STARTS HERE

Martin W. Anderson, Anderson Law Firm, Santa Ana, CA, for PlaintiffAppellant.

Diana Kolev, Sherman Oaks, CA, pro se.

Aaron H. Jacoby, Esquire, Arent Fox, LLP, Los Angeles, CA, for DefendantsAppellees.Brian Takahashi, Bowman & Brooke, Gardena, CA, for Defendant.D.C. No. 8:07–cv–01171–AG–AN, Central District of California, Santa Ana.Before: D.W. NELSON, STEPHEN REINHARDT, and N. RANDY SMITH, Circuit Judges.

ORDER

The Opinion filed September 20, 2011, and appearing at 658 F.3d 1024 (9th Cir.2011), is withdrawn. Carver v. Lehman, 558 F.3d 869, 878–79 (9th Cir.2009) (a panel may withdraw an opinion sua sponte before the mandate issues). It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. With the opinion withdrawn, the DefendantsAppellees' petition for rehearing en banc and the PlaintiffAppellant's petition for rehearing are moot. The parties may file a petition for rehearing and petition for rehearing en banc upon the filing of a new decision by the court.

Additionally, submission of this case is vacated pending the issuance of a decision by the California Supreme Court in Sanchez v. Valencia Holding Co. LLC, No. S199119.

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7 cases
  • Krol v. FCA US, LLC
    • United States
    • Florida District Court of Appeals
    • May 10, 2019
    ...pre-dispute binding arbitration on written warranty claims. But that opinion has since been withdrawn. See Kolev v. Euromotors W./The Auto Gallery, 676 F.3d 867 (9th Cir. 2012) ("The Opinion filed September 20, 2011, and appearing at 658 F.3d 1024 (9th Cir. 2011), is withdrawn. It may not b......
  • Krusch v. Tamko Bldg. Prods., Inc.
    • United States
    • U.S. District Court — Middle District of North Carolina
    • July 23, 2014
    ...671.Three months after CompuCredit was issued, but without any reference to it, the Ninth Circuit withdrew its opinion in Kolev. 676 F.3d 867 (9th Cir.2012). The court cautioned that its earlier opinion “may not be cited as precedent” to any court within its jurisdiction. Id. This withdrawa......
  • Seney v. Rent-A-Center, Inc.
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • December 11, 2013
    ...for Chevron deference) and Kolev v. Euromotors W./The Auto Gallery, 658 F.3d 1024, 1025–30 (9th Cir.2011), opinion withdrawn,676 F.3d 867, 867 (9th Cir.2012) (explaining that courts engage in Chevron analysis, pursuant to which the FTC's regulation is permissible; the FTC need not apply the......
  • In re Apple Iphone 3G Prods. Liab. Litig.
    • United States
    • U.S. District Court — Eastern District of California
    • May 9, 2012
    ...as precedent by or to this court or any district court of the Ninth Circuit.” See Kolev v. Euromotors West/The Auto Gallery, 676 F.3d 867, No. 09–55963, 2012 WL 1194177, at *1 (9th Cir. Apr. 11, 2012). Accordingly, the Court considers whether Plaintiffs' MMWA claim may be subjected to arbit......
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