California Court of Appeal
Promenade at Playa Vista HOA v. West. Pac. Housing, Inc., B225086
In an appeal from a judgment of the trial court denying defendants' motion to compel arbitration of a construction defect action, judgment is affirmed where a developer cannot compel binding arbitration of an action based on provisions in subject declaration of covenants, conditions, and restrictions (CC&R's) because, under state law, such provisions are equitable servitudes and can be enforced only by the homeowners association, the owner of a condominium, or both.
Appellate Information
- Decided 11/08/2011
- Published 11/08/2011
Judges
- MALLANO
Court
- California Court of Appeal