California Court of Appeal

In a wrongful death action, denial of defendant's petition to compel arbitration is affirmed where: 1) co-defendant Kaiser is a third party involved in the same and related transactions as defendant Heritage, and thus under Code Civ. Proc. section 1281.2 the controversy does not have to be arbitrated ; 2) plaintiffs are third parties to the arbitration agreement with defendant as to causes of action brought in plaintiffs' individual capacities, and their claims arise out of the same transaction, satisfying the requirements of section 1281.2.

Appellate Information

• Decided 04/08/2009
• Published 04/08/2009

Judges

• BOREN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Morris Polich & Purdy, Marc Katz, Richard H. Nakamura, Maureen M. Home, Pamela A. Mixon, Los Angeles, for Defendants and Appellants., Berglund & Johnson, Jerrie S. Weiss, Woodland Hills, for Plaintiffs and Respondents.