Dziubla

Dziubla v. Cargill, Inc.

Good Law
214 F. App'x 658
United States Court of Appeals for the Ninth CircuitDecember 21, 2006No. 04-56367California398 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Robert Dziubla appeals the district court’s order granting Defendant Cargill, Inc.’s motion to compel arbitration. For the reasons below, we affirm the district court.

A dispute developed after Dziubla and several Cargill subsidiaries entered a joint venture agreement (“JVA”) for the purpose of investing in Thailand. The JYA contained an arbitration provision. Dziubla contests the district court’s order compelling arbitration of his claims against Cargill, Inc., on the ground that it was a non-signatory to the JVA. However, this court recognizes that equitable estoppel and agency principles may permit non-signatories to compel arbitration. See Comer v. Micor, Inc., 436 F.3d 1098 , 1101—02 (9th Cir.2006).

Here, Dziubla is estopped from claiming that Cargill, Inc. is not a proper party to the case. Dziubla treated the signatory subsidiaries and Cargill, Inc. as a single unit throughout his pleadings. Moreover, arbitration is appropriate under reverse agency law. All of Dziubla’s allegations against the parent corporation “relate to or arise out of the contract containing the arbitration clause.” See Britton v. Co-op Banking Group, 4 F.3d 742, 747 (9th…

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