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MARTIN v. COMCAST OF CALIFORNIA

0407-07245; A127818.

146 P.3d 380 (2006)

209 Or. App. 82

Michelle MARTIN; Michelle Hochstetler; and Robin Cahill, individually and on behalf of all other similarly situated persons, Respondents, v. COMCAST OF CALIFORNIA/COLORADO/FLORIDA/OREGON, INC., a foreign corporation; Comcast of Oregon I, Inc., a foreign corporation; Comcast of Oregon II, Inc., a foreign corporation; Comcast of Tualatin Valley, Inc., a foreign corporation; Comcast of Washington/Oregon Smatv I, LLC, a foreign corporation; Comcast of Washington/Oregon Smatv II, LLC, a foreign corporation; Comcast of Novato, a foreign corporation; Comcast of Illinois/Ohio/Oregon, LLC, a foreign corporation; Comcast, a foreign corporation; Comcast of Montana III, Inc., a foreign corporation; Comcast ABB Network Solutions, Inc., a foreign corporation; Comcast ABB of Oregon, Inc., a foreign corporation; and Comcast ABB of Payette, Inc., a foreign corporation, Appellants.

Court of Appeals of Oregon.

Decided November 1, 2006.

Attorney(s) appearing for the Case

Jaime A. Bianchi argued the cause for appellants. With him on the briefs were Rima Y. Mullins and White & Case LLP, Miami, Florida, and Duane A. Bosworth, Kevin H. Kono, and Davis Wright Tremaine LLP.

David Sugerman argued the cause for respondents. With him on the brief was Paul & Sugerman, PC.

Before SCHUMAN, Presiding Judge, and LANDAU and ORTEGA, Judges.

SCHUMAN, P.J.

Plaintiffs in this class action are cable television subscribers who claim that defendants, various regional Comcast corporations (to which we refer collectively as "Comcast") engaged in unlawful billing practices. Comcast filed a motion to compel arbitration. The trial court denied the motion on the ground that the various agreements between Comcast and plaintiffs did not create a valid arbitration agreement. Comcast then filed this interlocutory appeal...

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