Fairchild
Fairchild v. National Home Insurance
Opinion
Lead Opinion
MEMORANDUM *
Defendants National Home Insurance Company and Home Buyers Warranty Corporation appeal only from that portion of the district court’s order denying their petition to compel arbitration of Plaintiff Kenneth S. Fairchild’s claim under California Business and Professions Code section *632 17200 for unfair business practices. Defendants argue that the district court erred in finding that Plaintiffs claim did not require interpretation of the parties’ contract and was not arbitrable.
The contract at issue here involves a transaction in interstate commerce and is subject to the Federal Arbitration Act. Allied-Bruce Terminix Companies, Inc. v. Dobson, 513 U.S. 265, 273-75 , 115 S.Ct. 834 , 130 L.Ed.2d 753 (1995). We have jurisdiction under 9 U.S.C. section 16 (a)(1)(B). See Three Valleys Municipal Water District v. E.F. Hutton & Company, Inc., 925 F.2d 1136, 1138 (9th Cir.1991) (acknowledging jurisdiction over appeal from the portion of district court’s order refusing to compel arbitration of plaintiffs’ federal securities laws claims).
We review a denial of a motion to compel arbitration de novo. United Food & Commercial Workers Union, Local 770 v. Geldin Meat Co., 13…