DREAM THEATER, INC. v. DREAM THEATER

No. B174152.

21 Cal.Rptr.3d 322 (2004)

124 Cal.App.4th 547

DREAM THEATER, INC., et al., Plaintiffs and Respondents, v. DREAM THEATER et al., Defendants and Appellants.

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

As Modified on Denial of Rehearing December 28, 2004.


Attorney(s) appearing for the Case

Latham & Watkins, Kristine L. Wilkes, Russell F. Sauer, Jr. and Lauren S. Kim for Defendants and Appellants.

Castle & Associates, Nomi L. Castle, Farzad Tabatabai and Robert S. Blonstein for Plaintiffs and Respondents.


GRIMES, J.*

This is an appeal from an order staying proceedings before the American Arbitration Association (AAA) based on the finding that the parties' commercial dispute is not arbitrable and jurisdiction lies with the court. We hold that: (1) the parties' agreement determines whether the court or the arbitrator decides if the dispute is subject to arbitration; (2) where the parties do not offer evidence extrinsic to the contract, on...

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