Judge Lawrence Waddington (Ret.) writes: Winter v. Window Fashions Professionals, Inc., Cal.App. 4th, discusses franchise contracts containing an arbitration clause alerting franchisees to California law prohibiting enforcement of forum selection clauses mandating arbitration outside the state; Bus. & Prof. Code §20040.5. The court also discusses whether the court or arbitrator should resolve arbitrability when the parties allegedly did not form any contract—i.e., no "meeting of the minds."
Winter cites two Ninth Circuit cases apparently in conflict with California law; Bradley v. Harris Research, Inc., 275 F.3d 884 (9th Cir. 2001) and Laxmi Investments, LLC v. Golf USA (9th Cir. 1999), but distinguishes their holdings.