FREDERICK v. FIRST UNION SECURITIES, INC.

No. B150932.

122 Cal.Rptr.2d 774 (2002)

100 Cal.App.4th 694

Kenneth L. FREDERICK, Plaintiff and Respondent, v. FIRST UNION SECURITIES, INC., Defendant and Appellant.

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

July 29, 2002.


Attorney(s) appearing for the Case

Walker, Wright, Tyler & Ward, Anglin, Flewelling, Rasmussen, Campbell & Trytten, Robin C. Campbell, Mark T. Flewelling; Piper Rudnick and Nancy L. Hendrickson, Chicago, IL, for Defendant and Appellant.

Bernstein, Litowitz, Berger & Grossman, Alan Schulman, Blair A. Nicholas, San Diego, and Wolfram Worms, for Plaintiff and Respondent.


EPSTEIN, J.

Defendant challenges the trial court's denial of its petition to compel arbitration of plaintiff shareholder's derivative action. We conclude the arbitration clause in the agreement between the corporation and defendant is broad enough to include this dispute, and that the agreement to arbitrate applies to the shareholder's derivative action. We reverse the court's order denying arbitration.

FACTUAL AND PROCEDURAL SUMMARY

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