Cort
Cort v. American Arbitration Ass'n
Opinion
Opinion
Caulfield, J.
OPINION AND ORDER
Plaintiff Robert Cort sued the American Arbitration Association (“AAA”) for damages arising out of AAA’s handling of his case arbitration. AAA moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). For reasons discussed fully below, defendant’s motion is GRANTED.
FACTS
For purposes of this motion, the allegations contained in plaintiff’s complaint are accepted as true. Plaintiff’s complaint asserts causes of action for spoliation of evidence, breach of contract, and negligence. In December, 1987, plaintiff and his wife entered into a contract with Angotti & Reilly, Inc. which required that all disputes between the parties arising out of or relating to the contract were to be arbitrated pursuant to the Construction Industry Arbitration Rules of the AAA.
In April, 1990, Angotti & Reilly filed a demand for arbitration. The arbitration hearings were conducted between April 16 and December, 1990. Plaintiff subsequently appealed the arbitration award in San Francisco Superior Court. After receiving an unfavorable judgment in that court, plaintiff appealed the matter to the California Court of Appeals. During the course of the appeal,…