Maggio

Maggio v. Windward Capital Management Co.

Good Law
2000 Cal. App. LEXIS 400·2000 Daily Journal DAR 5431·80 Cal. App. 4th 1210·96 Cal. Rptr. 2d 168·2000 Cal. Daily Op. Serv. 4046
Court of Appeal of CaliforniaMay 23, 2000No. B134322California1,848 words

Opinion

Lead Opinion

Turner, J.

I. Introduction

Winward Capital Management Co. and Bennett E. Gross (defendants) appeal from an order denying their petition to compel arbitration before the American Arbitration Association. The trial court and parties agree that the current dispute must be resolved by means of the arbitral process. However, defendants argue that the arbitration must be conducted under the auspices of the American Arbitration Association. The trial court declined to order *1212 arbitration before the American Arbitration Association. We conclude that the parties have agreed to arbitrate before the American Arbitration Association. Hence, we will enforce the agreement between the parties, direct arbitration before the American Arbitration Association, and reverse the order under review.

II. Background

Defendants entered into a written agreement with Florence Maggio (plaintiff) to manage her “security portfolio.” The management agreement contains an arbitration clause. A controversy arose concerning defendants’ management of plaintiff’s accounts. Plaintiff filed a petition to compel arbitration. She sought appointment of an arbitrator through ADR Services. Defendants opposed the…

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