In an unpublished opinion, Milder v. Holley, B267974 (2/5 1/31/17) the Court of Appeal on a gateway issue, found that a judge decides if there was fraud in the inducement to enter into an arbitration agreement in California.  ( Citing Johnson v. Siegel (2000) 84 Cal.App.4th 1087, 1095.)  This is separate from fraudulent inducement to enter into the contract which happens to contain an arbitration clause.  The latter is to be decided by the arbitrator. (Citing Ericksen, Arbuthnot, McCarthy, Kearney & Walsh Inc. v. 100 Oak Street, (1983) 35 Cal.3d 312, 323.)  Read more … Continue Reading Enforcement of an Arbitration Clause is for the Court not Arbitrator to Determine