California Court of Appeal

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Pinnacle Museum Tower Ass'n v. Pinnacle Market Dev. (US), LLC, D055422

In a homeowners association's suit against a developer of a condominium project for a construction defect, trial court's order denying developer's motion to compel arbitration is affirmed where: 1) an arbitration provision in a declaration of CC&Rs recorded by the association without the written consent of the developer did not constitute an "agreement" sufficient to waive the constitutional right to jury trial for construction defect claims brought by the homeowners association; and 2) assuming the homeowners association is bound by a jury waiver provision contained in purchase and sale agreements signed by the individual homeowners, the jury waiver provision in the purchase and sale agreements is not enforceable because it is unconscionable.

Appellate Information

  • Submitted 07/30/2010
  • Decided 07/30/2010
  • Published 07/30/2010

Judges

  • McINTYRE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • <a href="https://lawyers.findlaw.com/profile/view/2442280_1">Daniel A. Berman</a>, Daniel H. Clifford