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YUEN v. SUPERIOR COURT

No. B172662.

18 Cal.Rptr.3d 127 (2004)

121 Cal.App.4th 1133

Henry C. YUEN et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent. Gemstar-TV Guide International, Inc. et al., Real Parties in Interest.

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

As Modified August 31, 2004.

Review Denied December 1, 2004.

Attorney(s) appearing for the Case

Arkin Kaplan, Stanley S. Arkin, Michelle A. Rice, New York, NY; Augustini & Wheeler, David Wheeler, Los Angeles, and Frederick A. Haist, Santa Monica, for Petitioners.

No appearance for Respondent.

Hogan & Hartson, Richard L. Stone, Anthony Basich, Neil R. O'Hanlon and Gary L. Urwin, Los Angeles, for Real Parties in Interest.

ARMSTRONG, J.

In Green Tree Financial Corp. v. Bazzle (2003) 539 U.S. 444, 123 S.Ct. 2402, 156 L.Ed.2d 414, the Supreme Court has held that in arbitration proceedings governed by the Federal Arbitration Act (FAA) (9 U.S.C. § 1 et seq.), where an arbitration agreement is silent on the issue of whether class-wide relief is available, an arbitrator, not a court, should...

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