Reilly

Reilly v. WM Financial Services Inc.

Good Law
95 F. App'x 851
United States Court of Appeals for the Ninth CircuitFebruary 2, 2004No. 02-17100; D.C. No. CV-00-20563-JW/EAICalifornia789 words

Opinion

Lead Opinion

MEMORANDUM *

John and Patricia Reilly, as Trustees of the John and Patricia Reilly Family Trust, (“Reillys”) appeal the district court’s order granting the defendants’ motion to confirm an arbitration award pursuant to the Federal Arbitration Act, 9 U.S.C. § 9 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

The facts are known to the parties and are recited only briefly. The Reillys brought an action alleging that they suffered monetary losses as a result of defendants’ violations of federal securities laws and various California state laws. The *852 district court granted defendants’ motion to compel arbitration. A panel of National Association of Securities Dealers conducted an arbitration hearing and issued an award denying the Reillys’ claims. The district court confirmed the arbitration award. The Reillys now appeal the district court’s confirmation award, arguing that there is a genuine issue of material fact as to whether they agreed to arbitrate. The Reillys contend that there is a factual dispute as to whether they saw or received Page 2 of the “application to open an investment account,” which contained the actual arbitration clause. The Reillys do…

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