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SOBREMONTE v. SUPERIOR COURT

Docket No. B102106.

61 Cal.App.4th 980 (1998)

ROSARIO E. SOBREMONTE et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Real Party in Interest.

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

January 30, 1998.

Attorney(s) appearing for the Case

COUNSEL

Paul F. Sowa for Petitioners.

Gail K. Hillebrand, Earl Lui, James C. Sturdevant, Carolyn Enciso, Richard Alexander, Ann Saponara, Day & Day and Marjorie W. Day as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

F. Thomas Eck IV, Jan Harris Aniel, Ullar Vitsut, John F. Cooney, Arne D. Wagner, Michael J. Halloran, Morrison & Foerster, Shirley M. Hufstedler, Seth M. Hufstedler, Kathleen V. Fisher, Maria Chedid and Tracie L. Brown for Real Party in Interest.

Christopher E. Chenoweth, Steven I. Zeisel, John J. Gill, Michael F. Crotty, Paul A. Allen, Fred L. Main and Paul Grossman as Amici Curiae on behalf of Real Party in Interest.

OPINION

KITCHING, J.

Rosario Sobremonte (Sobremonte) and her mother Amparo Esperidion (Esperidion) seek mandamus relief from an order granting Bank of America's (Bank) petition to compel arbitration of a dispute arising from an alleged improper setoff against their accounts.1

Sobremonte and Esperidion have made two arguments. First, they contend the arbitration provision was invalid and unenforceable...

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