ELLIOTT & TEN EYCK PARTNER. v. CITY OF LONG BEACH

Docket No. B105110.

57 Cal.App.4th 495 (1997)

ELLIOTT & TEN EYCK PARTNERSHIP et al., Plaintiffs, Cross-defendants and Appellants, v. CITY OF LONG BEACH, Defendant, Cross-complainant and Respondent.

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

August 29, 1997.


Attorney(s) appearing for the Case

COUNSEL

George A. Hart, Jr., and Clark Heggeness for Plaintiffs, Cross-defendants and Appellants.

John R. Calhoun, City Attorney, and Carol A. Shaw, Deputy City Attorney, for Defendant, Cross-complainant and Respondent.


OPINION

EPSTEIN, J.

A dispute arose between parties to a contract. Each sued the other. The contract had a dispute resolution provision, applicable to this dispute, by which each side would choose an expert, the two selected would choose a third, and the three would resolve the issue. The parties' dispute ripened into litigation: A complaint and cross-complaint were filed. After these had pended in court for some time (with an unsuccessful...

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