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LEWIS v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Docket No. D002997.

183 Cal.App.3d 1097 (1986)

228 Cal. Rptr. 345

BERNARD L. LEWIS, Plaintiff and Respondent, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

July 18, 1986.

Attorney(s) appearing for the Case

COUNSEL

Rogers & Wells, Charles R. Hartman, Terrence L. Bingman and Charles E. Wheeler for Defendant and Appellant.

Bernard L. Lewis, in pro. per., for Plaintiff and Respondent.

OPINION

BUTLER, J.

Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) appeals a denial of its petition to compel arbitration of Bernard L. Lewis's complaint alleging Merrill Lynch fraudulently calculated interest charges on the basis of a 360-day year on his margin and cash management account. We affirm, holding the arbitration forums in which the claim is required to be arbitrated are fundamentally unfair and the agreement...

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