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BOYKO v. BENNING FINANCIAL GROUP, LLC

No. 2:10-CV-1011 FCD KJN.

737 F.Supp.2d 1140 (2010)

Gregory R. BOYKO, an individual; Jean S. Boyko, an individual; Maxine F. Swan, an individual; Gregory R. and Jean S. Boyko, as Trustees of the Boyko Revocable Family Trust dated April 27, 2001; Maxine F. Swan and Jean Boyko, as Trustees of the Swan Family Trust dated January 13, 1978, Plaintiffs, v. BENNING FINANCIAL GROUP, LLC, a California limited liability company; Randy C. Benning, an individual; ePlanning Securities, Inc., a California corporation; Fidelity Brokerage Services LLC, a Delaware limited liability company, and Does 1-100, inclusive, Defendants.

United States District Court, E.D. California.

August 9, 2010.

Attorney(s) appearing for the Case

Merrill G. Emerick , Anderlini & Emerick, LLP, San Mateo, CA, for Plaintiffs.

William Philip Torngren , Law Offices of William P. Torngren, Sacramento, CA, for Defendants.

MEMORANDUM AND ORDER

FRANK C. DAMRELL, JR., District Judge.

This matter is before the court on defendants Benning Financial Group, LLC ("BFC") and Randy C. Benning's ("Benning") (collectively "defendants") motion to stay action and compel arbitration.1 Plaintiffs oppose the motion. For the reasons set forth below,2 defendant's motion is GRANTED in part and DENIED in part.

BACKGROUND...

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