Just Film, Inc. v. Merchant Services, Inc.

MEMORANDUM

SKS Associates LLC appeals the district court’s denial of SKS’s motion to compel arbitration and the scope of the district court’s preliminary injunction. The parties are familiar with the facts underlying the appeal and thus we do not include them here. The district court correctly denied the motion to compel arbitration because SKS offered no evidence that the dispute concerned taxes or fees which arose during the lifetime of Campbell’s lease. Thus, the dispute did not concern conduct that fell within the terms of the lease. Chiron Corp. v. Ortho Diagnostic Sys., 207 F.3d 1126, 1130 (9th Cir.2000).

The district court did not abuse its discretion by finding sufficient evidence to support its preliminary injunction, which was carefully tailored to maintain the status quo where class certification is pending and the plaintiff has shown that a class-wide injunction is necessary to remedy the alleged class-wide harm. See Zepeda v. INS, 753 F.2d 719 , 727-28 & 728 n. 1 (9th Cir.1983). We do not read Zepeda to preclude our result because in Zepeda the trial court had denied class certification and here the trial court has not yet decided the class certification issue. Id.…