Roberts

ORDER ON DEFENDANTS’ MOTIONS TO DISMISS AND COMPEL ARBITRATION

INTRODUCTION

Defendants Synergistic International, LLC (“Synergistic”), The Dwyer Group, LLC. (“Dwyer LLC”), and The Dwyer Group, Inc. (“Dwyer INC”) (collectively “Dwyer”) (all defendants collectively “defendants”) move to compel arbitration and to dismiss plaintiff Kenneth E. Roberts, Jr.’s (“Mr. Roberts” ’) complaint pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and Fed.R.Civ.P. 12(b)(6). In addition, Dwyer moves to dismiss Mr. Roberts’ complaint for lack of personal jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(2). Because of Dwyer’s solicitous contacts with Mr. Roberts in Fresno County, upon which this action is based, this Court finds limited personal jurisdiction over those parties. As to the motion to compel arbitration, this Court finds that the court, rather than an arbitrator, may determine arbitrability. In addition, based on the parties lack of “meeting of the minds” on the forum, choice of law, and jurisdiction clauses, this Court compels the parties to arbitrate pursuant to the valid provisions of the arbitration agreement contained in Section 14 of the Franchise…