California Court of Appeal

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Zamora v. Lehman, B215764

In a trustee's action against former officers of a defunct company, alleging breach of fiduciary duty, trial court's grant of defendants' motion to compel arbitration and dismissal of the suit is affirmed in part, reversed in part and remanded where: 1) a waiver of right to arbitrate does not require the relinquishment of a known right under the Federal Arbitration Act or the California Arbitration Act; 2) as provided by the rules adopted in the arbitration provision, the parties were not entitled to any discovery in an arbitration proceeding; 3) trial court's order compelling arbitration and the judgment dismissing the action are reversed with respect to two defendants who had engaged in discovery as these defendants waived arbitration because they acted inconsistently with the right to arbitrate; and 4) as to a defendant who sought to settle the case, the order and judgment are affirmed as he did not act inconsistently with the right to arbitrate.

Appellate Information

  • Submitted 06/29/2010
  • Decided 06/29/2010
  • Published 06/29/2010

Judges

  • MALLANO, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • William H. Ford III, <a href="http://pview.findlaw.com/view/1322970_1">Brian Leslie Davidoff,</a>