California Court of Appeal

In dispute over residual income rights once owned by the bankruptcy estate of actor Sherman A. Hemsley, the trial court's denial of defendant's motion to compel arbitration is affirmed, where: 1) defendant has not perfected a rescission of a later agreement between the parties, which did not have an arbitration clause and was found to have superseded an earlier agreement that did have an arbitration clause; and 2) even if defendant had, unilateral rescission of that later agreement would not by itself reinstate the earlier agreement.

Appellate Information

• Decided 09/09/2013
• Published 09/09/2013

Judges

• CHANEY

Court

• California Court of Appeal

Counsel