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Marcus & Millichap Real Estate Investment Services Inc. v. Weiler

Petition for certiorari denied on June 3, 2019

Docket No. Op. Below Argument Opinion Vote Author Term
18-929 Cal. Ct. App. N/A N/A N/A N/A OT 2018

Issue: (1) Whether the Federal Arbitration Act pre-empts a state rule that denies enforcement of a cost-sharing provision in an arbitration agreement without a finding that the provision violates a general principle of state contract law; and (2) whether the Supreme Court"s decision in Howsam v. Dean Witter Reynolds Inc. requires an arbitrator to decide who pays arbitration costs, as the U.S. Court of Appeals for the 5th Circuit has held, or allows a court to decide, as the California Court of Appeal decided below.

DateProceedings and Orders (key to color coding)
10/25/2018Application (18A450) to extend the time to file a petition for a writ of certiorari from November 13, 2018 to December 13, 2018, submitted to Justice Kagan.
10/29/2018Application (18A450) granted by Justice Kagan extending the time to file until December 13, 2018.
11/26/2018Application (18A450) to extend further the time from December 13, 2018 to January 12, 2019, submitted to Justice Kagan.
11/28/2018Application (18A450) granted by Justice Kagan extending the time to file until January 12, 2019.
01/14/2019Petition for a writ of certiorari filed. (Response due February 19, 2019)
02/07/2019Waiver of right of respondent Rae Weiler to respond filed.
02/19/2019Motion for leave to file amici brief filed by The California Building Industry Association, et al. (Distributed)
02/20/2019DISTRIBUTED for Conference of 3/15/2019.
02/27/2019Response Requested. (Due March 29, 2019)
03/06/2019Motion to extend the time to file a response from March 29, 2019 to April 29, 2019, submitted to The Clerk.
03/18/2019Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2019.
04/29/2019Brief of respondent Rae Weiler in opposition filed.
05/14/2019DISTRIBUTED for Conference of 5/30/2019.
05/14/2019Reply of petitioners Marcus & Millichap Real Estate Investment Services, et al. filed. (Distributed)
06/03/2019Motion for leave to file amici brief filed by The California Building Industry Assn., et al. GRANTED.
06/03/2019Petition DENIED.