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KLUSSMAN v. CROSS COUNTRY BANK

No. A108572.

36 Cal.Rptr.3d 728 (2005)

134 Cal.App.4th 1283

Dana KLUSSMAN et al., Plaintiffs and Respondents, v. CROSS COUNTRY BANK et al., Defendants and Appellants.

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

December 15, 2005.

Attorney(s) appearing for the Case

Morrison & Foerster, William Stern, Ballard, Spahr, Andrews & Ingersoll, Martin C. Bryce, Jr., Alan S. Kaplinsky, for Defendants and Appellants—Cross Country Bank et al.

Bramson, Plutzik, Mahler & Birkhaeuser, Robert M. Bramson, Walnut Creek, The Mills Law Firm, Robert W. Mills, Harry Shulman, for Plaintiffs and Respondents — Dana Klussman et al.

Office of the Attorney General, Bill Lockyer, Attorney General, Ronald A. Reiter, Supervising Deputy Attorney General, Catherine Z. Ysrael, Deputy Attorneys General, for Amicus Curiae — Office of the Attorney General.

MARCHIANO, P.J.

Defendants Cross Country Bank (Bank), its credit card servicing company Applied Card Systems, Inc. (ACS), and Rocco A. Abessinio appeal from an order denying their motion to compel arbitration.1 Most of the issues originally raised on appeal have been settled by our Supreme Court's recent decision in Discover Bank v. Superior Court (2005) 36 Cal...

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