California Court of Appeal

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SIMMS v.NPCK ENTERS., INC., C039756

Although plaintiffs filed suit for damages and sought a preliminary injunction, substantial evidence does not support a finding of waiver of arbitration of their dispute over a commercial lease, as there is no evidence defendants were prejudiced by plaintiffs' inconsistent actions and delay in seeking arbitration. The appropriate prejudgment remedy to recover possession of personal property is a writ of possession under the claim and delivery law, not an injunction.

Appellate Information

  • Decided 05/28/2003
  • Published 05/28/2003

Judges

  •  MORRISON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Philip H. Weber, Placerville, for Plaintiffs and Appellants.

  • For Appellees:
  • Gerald W. Filice, Sacramento, for Defendants and Respondents.
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