Kleszczewski v. Alibigi, No. Cv98-0146404s (Mar. 4, 1999)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM RE: MOTION TO DISMISS

The defendants argue that the case should be dismissed for lack of subject matter jurisdiction because the joint venture agreement upon which the complaint is based provides for resolution of any disputes to be by arbitration.

"Arbitration is a creature of contract . . . It is designed to avoid litigation and secure prompt settlement of disputes and is favored by the law . . . But a person can be compelled to arbitrate a dispute only if, to the extent that, and in the manner which, he…