Agahi

Sean Agahi, James B. Luippold, and Anthony Ortale (Agahi Defendants) appeal from an order denying their motion to compel arbitration and request for a stay of proceedings. They contend the court erred in (1) ruling that respondent John Valentine’s dispute with appellants was not subject to mandatory arbitration under the rules of the Financial Industry Regulatory Authority (FINRA) and (2) refusing to stay proceedings pending arbitration. We will affirm the order.

I. FACTS AND PROCED URAL HISTORY

Respondent John Valentine is the founder and president of Valentine Capital Asset Management, Inc. (VCAM), and Valentine Wealth Management, Inc. (VWM). It is alleged that VCAM offers “private portfolio management or institutional-style management to individual investors,” including “the benefits of ‘the private banking’ arrangements enjoyed by institutional investors.” VWM allegedly “offers a combination of financial/investment advice, accounting/tax services and estate planning.”

VCAM and VWM are investment advisor entities regulated by the Securities and Exchange Commission (SEC). Neither VCAM nor VWM is a member of FINRA, the self-regulatory organization for securities…