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ASSOCIATION v. ISABELLA ESTATES

No. 48428-1-I.

34 P.3d 870 (2001)

109 Wash.App. 230

MARINA COVE CONDOMINIUM OWNERS ASSOCIATION, Respondent, v. ISABELLA ESTATES, a Washington limited partnership; Harvey Cherewick and Jane Doe Cherewick, husband and wife; Randolph Cherewick and Jane Doe Cherewick, husband and wife; Deanne Radke and John Doe Radke, wife and husband; and Does 1 Through 35, Inclusive, Appellants, and Trigny Corp., a Washington corporation, Defendant.

Court of Appeals of Washington, Division 1.

November 19, 2001.

Attorney(s) appearing for the Case

Martin L. Zionitz, Mark J. Wilson, Peizer Richards & Zionitz, Seattle, for Appellants.

Jeffrey G. Frank, Bullivant Houser Bailey, Seattle, for Defendant.

Jo M. Flannery, James L. Strichartz, Seattle, Jerry H. Stein, Los Angeles, CA, for Respondent.

BAKER, J.

The Marina Cove Condominium Owners Association (the Association) sued the condominium's developer, Isabella Estates, for breach of implied warranties of quality under the Washington condominium act (WCA). The trial court denied Isabella Estates' motion to compel binding arbitration under the parties' limited warranty agreement. Because the right to judicial proceedings may not be waived under the WCA, we affirm.

I

Isabella Estates, through...

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