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DISCOVER BANK v. SUPERIOR COURT

No. B161305.

129 Cal.Rptr.2d 393 (2003)

105 Cal.App.4th 326

DISCOVER BANK, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Christopher Boehr, Real Party in Interest.

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

Review Granted April 9, 2003.

Attorney(s) appearing for the Case

Kirkland & Ellis, Jeffrey S. Davidson, Rich Richmond, C. Robert Boldt, Los Angeles, and Amy M. Wilkins for Petitioner.

No appearance for Respondent.

Strange & Carpenter, Brian R. Strange and Gretchen Carpenter; Law Offices of Barry L. Kramer and Barry L. Kramer, Los Angeles, for Real Party in Interest.

ORTEGA, J.

According to Blue Cross of California v. Superior Court (1998) 67 Cal.App.4th 42, 78 Cal.Rptr.2d 779 (Blue Cross), where an arbitration agreement governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (FAA) is silent with regard to classwide arbitration, section 4

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