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BROWN v. WELLS FARGO BANK, N.A.

No. B196258.

168 Cal.App.4th 938 (2008)

RONNIE C. BROWN, Individually and as Trustee, etc., Plaintiff and Respondent, v. WELLS FARGO BANK, N.A., et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Three.

November 25, 2008.

Attorney(s) appearing for the Case

Kessal, Young & Logan, Neal S. Robb, Evelyn A. Christensen; and Thomas O. Jacob for Defendants and Appellants.

Munger, Tolles & Olson, George M. Garvey and Jeffrey Y. Wu for the Securities Industry and Financial Markets Association, the Chamber of Commerce of the United States of America, the American Bankers Association, the ABA Securities Association, the Clearing House Association and the Financial Services Roundtable as Amici Curiae, upon the request of the Court of Appeal.

Courteau & Associates and Diana L. Courteau for Plaintiff and Respondent.

Reed Smith, James C. Martin, David C. Powell, Raymond A. Cardozo; Kreindler & Kreindler and Gretchen M. Nelson as Amicus Curiae, upon the request of the Court of Appeal.

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 agreement, of which the arbitration clause was only a part. This case, therefore, is not...

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