Cindy Braggs v. Maxine Jones

MEMORANDUM

Defendant-Appellant Maxine Jones appeals the district court’s grant of Plaintiffs-Appellants Cindy Braggs and Terry Ellis petition for confirmation of their arbitration award against Jones, and its denial of Jones’s counter-petition to vacate the arbitration award. We have jurisdiction under 28 U.S.C. § 1291 , and we review de novo a district court’s confirmation of an arbitration award or denial of a motion to vacate an arbitration award. See United States v. Park Place Assocs., 563 F.3d 907, 918 (9th Cir.2009). We affirm.

I. Federal Arbitration Act Grounds for Vacatur of an Award

Jones, Ellis, and Braggs all signed operating agreements formalizing the business of their music group. • Because these operating agreements “evidencie] a transaction involving commerce,” they fall within the scope of the Federal Arbitration Act, and there is a strong presumption that FAA, not state, rules apply both to the arbitration and on appeal. Johnson v. Gruma Corp., 614 F.3d 1062, 1066-67 (9th Cir.2010). There is no indication in the operating agreements that the parties intended California law to apply, apart from three specific procedural rules, so unless the award can be vacated…