California Court of Appeal

In a matter involving various fraud-related claims arising from the purchase of condominiums built and/or sold by defendants, denial of defendants' petition to compel arbitration and stay proceedings is affirmed where: 1) the arbitration agreement did not apply to plaintiffs' fraud-related claims; and 2) the arbitration provisions were, in any event, unconscionable and therefore unenforceable.

Appellate Information

• Decided 07/23/2008
• Published 08/13/2008

Judges

• KLINE, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kenneth M. Miller, Steven N. Holland, Kevin R. Brodehl, Morgan Miller blair, a Law Corporation, Walnut Creek, for Appellants.


• For Appellees:
  
• Scott William Barton, Steven R. Weinmann, Berding & Weil LLP, Alamo, for Respondents.