California Court of Appeal

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Bunker Hill Park v. U.S. Bank, B256822

In this case, plaintiff filed a petition to compel arbitration with defendant-tenant to resolve the parties' disagreement over whether subleases automatically terminate if the underlying lease between the parties terminates. Order denying petition to compel arbitration is reversed, where: 1) because the petition to compel arbitration is distinct from plaintiff's underlying request for declaratory relief, it is irrelevant whether the petition to compel arbitration articulates an "actual controversy" that could support an award for declaratory relief; and 2) under Code of Civil Procedure section 1281.2, all a petitioner is required to show is the existence of a valid agreement to arbitrate the issue underlying the petition and the opposing party's refusal to arbitrate the controversy, and plaintiff made those showings here.

Appellate Information

  • Decided 11/26/2014
  • Published 11/26/2014

Judges

  • Collins

Court

  • California Court of Appeal

Counsel