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MASTICK v. TD AMERITRADE, INC.

No. B237475. No. B238070.

209 Cal.App.4th 1258 (2012)

147 Cal. Rptr. 3d 717

IRENE MASTICK, Plaintiff and Respondent, v. TD AMERITRADE, INC., et al., Defendants and Appellants. IRENE MASTICK, Plaintiff and Respondent, v. OAKWOOD CAPITAL MANAGEMENT, LLC, et al., Defendants and Appellants.

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

October 9, 2012.

Attorney(s) appearing for the Case

Law Offices of Jeffrey A. Feldman, Jeffrey A. Feldman ; Law Offices of Robert S. Patterson and Robert S. Patterson for Plaintiff and Respondent.

Jones, Bell, Abbott, Fleming & Fitzgerald and William M. Turner for Defendant and Appellant TD Ameritrade, Inc.

Baute Crochetiere & Maloney, Mark D. Baute and David P. Crochetiere for Defendant and Appellant Oakwood Capital Management.

OPINION

GILBERT, P. J. —

When federal and state laws involve the same subject matter, their provisions may conflict. When they do, the doctrine of federal preemption often resolves the issue which law applies. We answer the question when it does with judges' and lawyers' habitual, exasperating response: it all depends.

In these related appeals, the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1-16) conflicts with the California...

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