California Court of Appeal

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Villa Vicenza Homeowners Ass'n v. Nobel Court Dev., LLC, D054550

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.
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