Just a Fluke, Inc. v. Litalien CA4/3
Plaintiff Just a Fluke, Inc. and defendants Jacques Litalien and Anita Litalien were parties to a JAMS arbitration (Arbitration) concerning certain breach of contract and fraud claims arising out of a construction contract. But a further dispute arose after defendants demanded the Arbitration be designated a consumer arbitration.
Plaintiff eventually filed this action (Action) in the superior court seeking a declaration that the Arbitration could not proceed as a consumer arbitration, and that the arbitration provision in the construction contract was unenforceable based on JAMS’s preliminary decision to have the Arbitration proceed as a consumer arbitration.
Defendants then filed a petition to compel JAMS arbitration of this Action. The court treated the petition as a motion to dismiss, dismissed this Action and ordered JAMS to decide whether the Arbitration should proceed as a consumer arbitration. The court reasoned this Action was an improper attempt to have it enforce
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