Legal Opinion

Boyko v. BENNING FINANCIAL GROUP, LLC

District Court, E.D. California

Decided August 9, 2010No. 2:10-CV-1011 FCD KJNPublished

1Opinion of the Court

MEMORANDUM AND ORDER

FRANK C. DAMRELL, JR., District Judge.

This matter is before the court on defendants Benning Financial Group, LLC (“BFC”) and Randy C. Benning’s (“Benning”) (collectively “defendants”) motion to stay action and compel arbitration. 1 Plaintiffs oppose the motion. For the reasons set forth below, 2 defendant’s motion is GRANTED in part and DENIED in part.

BACKGROUND

This case arises out of a serious of contracts plaintiffs entered into with defendants. Plaintiffs allege that in and prior to January 2004, Benning approached and solicited plaintiffs to open accounts with…

2Cases cited11 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
  3. Cabinetree of Wisconsin, Incorporated v. Kraftmaid Cabinetry, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
  4. Republic of Nicaragua, a Foreign Sovereign v. Standard Fruit Company, Standard Fruit and Steamship Company, and Castle & Cooke, Inc.Court of Appeals for the Ninth Circuit · 1991
  5. Saint Agnes Medical Center v. PacifiCare of CaliforniaCalifornia Supreme Court · 2003

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