TITLE

FAA Jury Trial Right Inapplicable in California Courts

AUTHOR(S)
Zuckerman, Susan C.
PUB. DATE
April 1997
SOURCE
Dispute Resolution Journal;Spring97, Vol. 52 Issue 2, p91
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article reviews the decision of the California Supreme Court in the case of Rosenthal versus Great Western Financial Securities Corporation. The case rose out of an arbitration clause in a client agreement executed by 24 individuals in connection with the purchase of stock and bond mutual funds through Great Western Financial Securities Corporation. The plaintiff alleged breach of fiduciary duty, fraud, negligent misrepresentation, and other claims. Several defendants petitioned the court for an order compelling arbitration based on the arbitration clause in the client agreements. The court concluded that the existence or validity of the arbitration agreement are to be resolved by the trial court in the manner provided for by the state motion practice either on basis of affidavits or declarations, were necessary to resolve material conflicts in the written evidence upon live testimony.
ACCESSION #
9706190792

 

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