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FERGUSON v. CORINTHIAN COLLEGES, INC.

No. 11-56965.

733 F.3d 928 (2013)

Kevin FERGUSON, on behalf of himself and all others similarly situated; Sandra L. Muniz, on behalf of herself and all others similarly situated, Plaintiffs-Appellees, v. CORINTHIAN COLLEGES, INC.; Corinthian Colleges, Inc., dba Everest College; Corinthian Colleges, Inc., dba Everest University; Corinthian Colleges, Inc., dba Everest Institute; Corinthian Colleges, Inc., dba Everest College of Business; Technology and Health Care; Heald College, LLC; Heald Capital, LLC, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2013.

Attorney(s) appearing for the Case

Peter W. Homer (argued) and Christopher King , HomerBonner P.A., Miami, FL; Paul D. Fogel and Felicia Yu , Reed Smith LLP, San Francisco, CA; Kevin P. Jacobs , Herron, Jacobs, & Ortiz, Miami, FL, for Defendants-Appellants.

Francis A. Bottini, Jr. and Albert Y. Chang (argued), Chapin Fitzgerald Sullivan & Bottini LLP, San Diego, CA, for Plaintiffs-Appellees.

Kate Comerford Todd and Tyler R. Green , National Chamber Litigation Center, Inc., Washington, D.C.; Andrew J. Pincus , Evan M. Tager , Archis A. Parasharami , and Richard B. Katskee , Mayer Brown LLP, Washington, D.C., for Amicus Curiae Chamber of Commerce of the United States.

Before: RICHARD C. TALLMAN, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

CLIFTON, Circuit Judge:

Defendants Corinthian Colleges, Inc., and related entities appeal the district court's partial denial of their motion to compel arbitration. Plaintiffs, former students at for-profit schools owned by Corinthian, brought this putative class action on behalf of current and former students, alleging that Corinthian engaged in a deceptive scheme to entice the enrollment of prospective students in violation of California law. Pursuant...

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