Sunshine Beauty Supplies, Inc. v. United States District Court for the Central District of California

Good Law
872 F.2d 310
United States Court of Appeals for the Ninth CircuitApril 6, 1989No. 89-70073California1,079 words

Opinion

lead Opinion

ORDER

Sunshine Beauty Supplies, Inc., petitions for a writ of mandamus compelling the United States District Court for the Central District of California to vacate its order transferring the underlying action to the Western District of Texas and to render a decision on the pending motions to confirm the arbitration award. We grant the petition for a writ of mandamus.

Sunshine Beauty Supplies (“Sunshine”) entered into a contract to sell certain products to the defendant in the underlying action, Armstrong-McCall. The contract *311 contained a clause providing that any disputes arising out of the purchase would be settled by arbitration in Los Angeles, and that the parties consented to the jurisdiction of the Superior Court of Los Angeles and to the United States District Court for the Central District of California for all purposes in connection with the arbitration. Armstrong-McCall breached the contract by refusing to pay for goods shipped by Sunshine and demanding that Sunshine take back the goods.

Sunshine filed a demand for arbitration with the American Arbitration Association. Armstrong-McCall refused to arbitrate, so Sunshine filed a petition to compel arbitration in…

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