California Court of Appeal

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.