California Court of Appeal

Code of Civil Procedure section 1298.7 is preempted by the Federal Arbitration Act where undisputed facts indicate that agreements involve interstate commerce, thus arbitration of construction defect claims is compelled; where seller failed to initial arbitration clauses in sales agreements with certain buyers, factual inquiry must determine whether seller intended to be bound by arbitration with those buyers.

Appellate Information

• Decided 05/31/2002
• Published 05/31/2002

Judges

• KLEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Cox, Castle & Nicholson, Timothy M. Truax, Los Angeles, and Joanna C. Huchting, Marina Del Ray, for Defendant and Appellant., Law Offices of Freeman & Freeman and Matthew C. Freeman for Plaintiffs and Respondents.