California Court of Appeal

Trial court ruling that the putative class and class action causes of action brought by plaintiffs were to be heard in the trial court and not in arbitration is affirmed over claims that: 1) the trial court could not reconsider its prior ruling; 2) the arbitrators, and not the trial court, should determine the meaning and applicability of Rule 10301(d) of the National Association of Securities Dealers Code; 3) the absence of a class arbitration remedy does not defeat an agreement to arbitrate all claims; and 4) parties may enter into enforceable agreements to resolve their disputes in certain arbitral forums, or in certain judicial forums that preclude class remedies.

Appellate Information

• Decided 08/10/2007
• Published 08/10/2007

Judges

• ALDRICH, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Reed Smith, Margaret M. Grignon, Alisa M. Chevalier, Michele J. Beilke and Zareh Jaltorossian, Los Angeles, for Defendants and Appellants., Knapp, Petersen & Clarke and Stephen M. Harris, Glendale, for Plaintiffs and Respondents.