Legal Opinion

Brown v. Wells Fargo Bank, N.A.

California Court of Appeal

Decided November 25, 2008No. B196258PublishedCited by 44 opinions

1Opinion of the Court

Opinion

CROSKEY, J.

This case comes to us on an appeal from the trial court’s order denying a motion to compel arbitration. While this case arises in the context of an attempt to enforce an arbitration clause, the dispositive issue is whether there was fraud in the execution of the entire brokerage account *945agreement, of which the arbitration clause was only a part. This case, therefore, is not really about arbitration but rather involves a bank’s creation of a fiduciary relationship with one of its customers and the consequences that flow therefrom.

Defendants are various Wells Fargo Bank, N.A.,…

2Cases cited25 opinions

  1. Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
  2. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  3. Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
  4. Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
  5. Engalla v. Permanente Medical Group, Inc.California Supreme Court · 1997

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3Cited by44 opinions

  1. Gary Davis v. Hsbc Bank Nevada, N.A.Court of Appeals for the Ninth Circuit · 2012
  2. Brown v. Ralphs Grocery Co.California Court of Appeal · 2011
  3. Franco v. Athens Disposal Co., Inc.California Court of Appeal · 2009
  4. Rosencrans v. Dover Images, Ltd.California Court of Appeal · 2011
  5. Jones v. JacobsonCalifornia Court of Appeal · 2011

39 more not listed; retrieve them via the Exa API.

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