California Court of Appeal

In construction defect case, order denying defendants' motion to compel arbitration and stay the litigation as to certain plaintiffs is affirmed where defendants did not submit the arbitration agreement that was allegedly incorporated by reference in the plaintiffs' applications for warranty protection and, thus defendants did not satisfy their burden of establishing the existence of an arbitration contract.

Appellate Information

• Decided 02/05/2008
• Published 02/28/2008

Judges

• McCONNELL, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Fred Matthew Adelman, Mark J. Masterson, Milstein, Adelman & Kreger, Pamela E. Dunn, Pasadena, Dunn Koes, for Plaintiffs and Respondents., Teresa D. Beck, Jason A. Specht, San Diego, Lincoln Gustafson & Cercos, Bruce M. Thornton, Carlos V. Yguico, Los Angeles, Gemmill, Thornton & Baldridge, for Defendants and Appellants.