GREEN v. MT. DIABLO HOSPITAL DIST.

Docket No. A039971.

207 Cal.App.3d 63 (1989)

254 Cal. Rptr. 689

RILEY M. GREEN, JR., Plaintiff and Appellant, v. MT. DIABLO HOSPITAL DISTRICT, Defendant and Appellant; TAXPAYERS OF THE MT. DIABLO HOSPITAL DISTRICT, Respondent.

Court of Appeals of California, First District, Division Five.

January 11, 1989.


Attorney(s) appearing for the Case

COUNSEL

Richard C. Raines, Gregory L. McCoy, Cynthia Love Marek and Thiessen, Gagen & McCoy for Plaintiffs and Appellants.

Douglas C. Straus, M. Jeffrey Micklas, Richard E. Norris, Colin J. Coffey and Norris & Norris for Defendant and Appellant.

David J. Levy, Arlene Segal and Trembath, McCabe, Schwartz, Evans & Levy for Respondent.


OPINION

LOW, P.J.

A petition to compel arbitration is properly denied where there are sufficient grounds alleging illegality of the underlying agreement. The allegations, if proved, would render the entire contract void. The legality of the contract should first be judicially determined before any contractual disputes may be arbitrated. It is within the trial court's discretion to decide whether the claims of third parties not bound...

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