California Court of Appeal

In a multi-party dispute over the sale of an allegedly defective home by a real estate trust acting on behalf of the actor Nicolas Cage, it is held that the trial court did not err in denying: 1) the sellers' motion to compel the buyer to arbitrate, because under Code of Civil Procedure section 1281.2(c) the buyer was a party to a pending court action with a third party, arising out of the same transaction or series of related transactions, and there was a possibility of conflicting rulings on a common issue of law or fact; and 2) the seller parties' motions to compel their agents to arbitrate the agents' cross-claims for indemnification, where the agents were not bound to submit those claims to arbitration by the arbitration clause in the purchase agreement.

Appellate Information

• Decided 03/20/2012
• Published 03/20/2012

Judges

• Perluss

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Mark B. Scott, Ecoff Blut