The following excerpt is from Oliver v. First Century Bank, N.A., Case No.: 17cv620-MMA (KSC) (S.D. Cal. 2017):
Def. Ex. 3 at 24(b)(1). This language "delegating to the arbitrators the authority to determine the validity or application of any of the provisions of the arbitration clause[] constitutes an agreement to arbitrate threshold issues concerning the arbitration agreement," and in doing so "clearly and unmistakably indicates [the parties'] intent for the arbitrators to decide the threshold question of arbitrability." Momot v. Mastro, 652 F.3d 982, 988 (9th Cir. 2011) (quoting Rent-A-Ctr., 561 U.S. at 68) (internal quotation marks omitted)).
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