UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

DANIEL NORCIA, on his own No. 14-16994 behalf and on behalf of all others similarly situated, D.C. No. Plaintiff-Appellee, 3:14-cv-00582-JD

v. OPINION SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a New York Corporation; SAMSUNG ELECTRONICS AMERICA, INC., a New Jersey corporation, Defendants-Appellants.

Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding

Argued and Submitted October 17, 2016 San Francisco, California

Filed January 19, 2017

Before: Sidney R. Thomas, Chief Judge, and Carlos T. Bea and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ikuta 2 NORCIA V. SAMSUNG TELECOMM.

SUMMARY*

Arbitration / California Law

The panel affirmed the district court’s order denying Samsung’s motion to compel arbitration of a class action complaint alleging that Samsung made misrepresentations as to th