R. BAKER, INC. v. MOTEL 6, INC.

Docket No. B013894.

180 Cal.App.3d 928 (1986)

225 Cal. Rptr. 849

R. BAKER, INC., Plaintiff and Appellant, v. MOTEL 6, INC. et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

May 9, 1986.


Attorney(s) appearing for the Case

COUNSEL

Robert D. Wendt, Gregory D. Abel and Ronca & Woolpert for Plaintiff and Appellant.

A. Barry Cappello, James E. Herman, Diane M. Matsinger and Cappello & Foley for Defendants and Respondents.


OPINION

GILBERT, J.

Here we come to the unremarkable conclusion that Code of Civil Procedure section 1281.51 means what it says: A party who files an action to enforce a mechanic's lien, but who does not at the same time request that the action be stayed pending arbitration, waives any right to arbitration.

FACTS

Appellant, R. Baker, Inc. (Baker), appeals from the preliminary injunction...

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