California Court of Appeal

In a homeowners association's suit for construction defects, trial court's denial of developers' motion to compel arbitration is affirmed as the recorded CC&R's, standing alone, are not a contract between the developer and the homeowners association, which only came into existence after the CC&Rs were recorded, and thus, here there has been no showing the association entered into a binding arbitration agreement.

Appellate Information

• Decided 05/27/2010
• Published 05/27/2010

Judges

• BENKE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Luce, Forward, Hamilton & Scripps and Charles A. Bird; Allen Matkins Leck Gamble Mallory & Natsis and Valentine S. Hoy VIII for Cross-defendant and Appellant., Epsten Grinnell & Howell, Jon H. Epsten, Douglas W. Grinnell and Anne L. Rauch for Cross-complainant and Respondent.