Milliner

Milliner v. Bock Evans Financial Counsel, Ltd.

Good Law
114 F. Supp. 3d 871·2015 WL 4089853·2015 U.S. Dist. LEXIS 88256
United States District Court, Northern District of CaliforniaJuly 6, 2015Case No. 15-cv-01763-TEHCalifornia4,941 words

Opinion

Lead Opinion

Henderson, J.

ORDER DENYING MOTION TO DISMISS

This matter is before the Court pn Defendant Bock Evans Financial Counsel’s motion to dismiss the complaint of Plaintiffs Charlotte B. Milliner, and .Joanne Brem. The Court has carefully considered the arguments of the parties in the papers submitted, and finds this matter suitable for resolution without oral argument, pursuant to Civil Local Rule 7 — 1(b). - Defendant’s motion to dismiss is hereby DENIED, for the reasons set forth below.

BACKGROUND

Defendant is a Colorado-registered investment advisory firm with its primary place of business in Denver, Colorado. Plaintiffs Milliner and Brem were clients of Defendant, and each signed Investment Advisory Agreements, although at different times. Milliner appears to have signed her most recent of these agreements on December 3, 2008 (“Milliner Agreement”). Ex. A to Evans Decl. Brem appears to have signed her most recent of these agreements on August 23, 2Q11 (“Brem Agreement”). Ex..B to Evans Deck

Plaintiffs’ Agreements contain arbitration provisions that'provide for the resolution of -disputes arising out of the Parties’ investment advisory relationship before the American Arbitration Association…

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