Keating v. Superior Court

Iconcur with the majority’s conclusions that the arbitration agreement is enforceable and that Southland did not waive its right to arbitration. I itespectfully dissent, however, from the majority’s further holdings that the Franchise Investment Law claims are not subject to arbitration and that class action arbitration is an available valid remedy.

A. Arbitrability of the Franchise Investment Law Claims

Contrary to the majority, I believe that the state cannot immunize certain civil actions from application of the Federal Arbitration Act merely by fashioning, after the Federal Securities Act,…