Duc Nguyen (“Plaintiff”) filed this action against Mark Mahaffie (“Defendant”) on July 8, 2020, alleging claims for (1) Violation of Cal. Corp. Code §§ 2500, et seq. – Unlawful Conduct of Business as an “Investment Advisor” and “Broker,” (2) Fraud, (3) Negligent Misrepresentation, (4) Intentional Misrepresentation, (5) Fraud/Breach of Fiduciary Duties, and (6) Common Count – Money Had and Received. Plaintiff generally alleges that Defendant deceived him into making various unprofitable investments, which Defendant disputes.
Defendant contends that Plaintiff’s claims are subject to two arbitration provisions, and moves to compel arbitration of Plaintiff’s claims and for an order that Plaintiff’s action be stayed pending the completion of arbitration. (Code Civ. Proc., § 1281.4.)
Defendant filed his motion to compel on September 8, 2020, and served it on September 9, 2020. Pursuant to Code of Civil Procedure section 1290.6, a response shall be served and filed within 10 days after servic