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June 4, 2010 Weekly ADR Newsletter
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  • Valencia v. Smyth
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California Appellate Districts, June 01, 2010
Valencia v. Smyth, No. B216753
In plaintiffs' suit against real estate agents, title companies, and others, arising from a real estate transaction, trial court's judgment is affirmed where: 1) based on the plain meaning of the arbitration provision, the parties agreed that the California Arbitration Act (CAA), not the Federal Arbitration Act (FAA), would govern the arbitration; and 2) trial court did not abuse its discretion in denying arbitration given the possibility of conflicting rulings if the claims against defendant-agents had been arbitrated and the claims against the remaining defendants had been adjudicated in court. Read more...

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