Bosinger

ORDER GRANTING MOTION TO STAY PENDING ARBITRATION

I. Introduction

The Court considers whether it should stay or dismiss the case pending before it based on the arbitration provision contained in the contract between Plaintiff and Defendant. In short, the Court decides the arbitrability of the case.

II. Background

Plaintiff is Ken Bosinger (“Bosinger”), the sole owner of K-Tronics. Defendant is Phillips Plastics Corp. (“PPC”). Prior to his termination, Bosinger dba K-Tronics acted as the exclusive sales representative for PPC in the San Diego market on an independent contractor basis. Compensation was solely in the form of commissions.

The parties signed the contract in question, one of an apparent series of such agreements, on September 1, 1997. The parties’ relationship began in March, 1993. Shortly after this signing, on approximately October 10, 1997, Plaintiff alleges PPC arbitrarily designated certain lucrative accounts he had been working to establish for PPC as “house accounts” for which he was no longer entitled to commission. > (Comply 15-19.) Four months later, PPC notified Bosinger that he would be terminated as its manufacturer’s sales representative, and he was…