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McMILLIN DEVELOPMENT v. HOME BUYERS WARRANTY

No. D029526.

80 Cal.Rptr.2d 611 (1998)

68 Cal.App.4th 896

McMILLIN DEVELOPMENT, INC., Plaintiff and Respondent, v. HOME BUYERS WARRANTY et al., Defendants and Appellants.

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

Review Denied April 14, 1999.

Attorney(s) appearing for the Case

Gascou, Gemmill & Thornton, Bruce M. Thornton and Carlos V. Yguico, Los Angeles, for Defendants and Appellants.

Janet E. Sobel and Patricia Jo Custer and Sobel & Custer, San Diego, for Plaintiff and Respondent.

BENKE, J.

In this case defendant and appellant Home Buyers Warranty (HBW)1 raises one potentially meritorious issue: its right to a stay under Code of Civil Procedure2 section 1281.4 during the pendency of an arbitration ordered by a federal district court in a related action. Our difficulty in providing any relief to HBW stems from the fact that it did not raise the stay issue in the trial court. Accordingly...

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