Marshall

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN R. MARSHALL and THE JOHN No. 2:24-cv-00112-DJC-AC

MARSHALL IRREVOCABLE TRUST

through trustee Michael A. Marshall, Plaintiffs, ORDER

v.

AMERIPRISE FINANCIAL SERVICES, Defendant. 17 Before the Court is Defendant’s Motion to Compel Arbitration. Under the unique facts of this case, the arbitration agreement is unenforceable as to the individual Plaintiff John Marshall. Due to the existing broker-dealer relationship between Plaintiff and Defendant's agent, and the agent's knowledge that Plaintiff was dyslexic, the agent had a fiduciary duty to orally disclose the arbitration agreement to Plaintiff but failed to do so, rendering the agreement void in the execution. Since the Trustee had no such prior relationship with Defendant or the agent, however, the arbitration agreement is valid as to the Trust, although the Court will strike an unconscionable provision before ordering the Trust Plaintiff to arbitration. //// //// …