BRIDGE FUND CAPITAL CORP. v. FASTBUCKS FRANCHISE

No. 08-17071.

622 F.3d 996 (2010)

BRIDGE FUND CAPITAL CORPORTION, a California corporation; Big Bad 1, LLC, a California limited liability company, v. FASTBUCKS FRANCHISE CORPORATION, a Nevada corporation; Charles Horton, an individual, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed September 16, 2010.


Attorney(s) appearing for the Case

Peter C. Lagarias and Robert S. Boulter , Lagarias & Boulter, LLP, San Rafael, CA, for the plaintiffs-appellees.

Margaret C. Toledo , Mennemeier, Glassman & Stroud LLP, Sacramento, CA; Steven L. Solomon , Fastbucks Franchise Corp., Dallas, TX, for the defendants-appellants.

Before MYRON H. BRIGHT, MICHAEL DALY HAWKINS and MILAN D. SMITH, JR., Circuit Judges.


OPINION

MILAN D. SMITH, JR., Circuit Judge:

In this case, we consider whether the "crux of the complaint" rule requires the question of arbitrability to be determined by the arbitrator when a plaintiff's challenge to the arbitration clause does not appear in his complaint. We hold that, as long as the plaintiff's challenge to the validity of an arbitration clause is a distinct question from the validity of the contract as a whole, the question of arbitrability...

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