California Court of Appeal
Network Capital Funding Corp. v. Papke, G049172
Denial of defendant's petition for an order compelling plaintiff to submit its declaratory relief claims to arbitration is affirmed, where: 1) because the arbitration agreement does not clearly and unmistakably designate the arbitrator to determine whether the agreement authorizes class arbitration, the trial court had authority to decide that question; and 2) the trial court properly determined that the arbitration agreement does not authorize class arbitration, as the broad terms of the agreement falls short of demonstrating a clear agreement to arbitrate class claims.
Appellate Information
- Decided 10/09/2014
- Published 10/09/2014
Judges
- Aronson
Court
- California Court of Appeal