In a class action complaint alleging that Samsung made misrepresentations as to the performance of the Galaxy S4 phone, the district court's order denying Samsung's motion to compel arbitration is affirmed where: 1) the Product and Safety & Warranty Information brochure in the Galaxy S4 box did not create a binding contract between plaintiffs and defendant to arbitrate the claims in plaintiff's complaint; 2) defendant failed to demonstrate the applicability of any exception to the general California rule that an offeree's silence did not constitute consent; and 3) the brochure was not enforceable as an in-the-box contract.