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BASURA v. U.S. HOME CORP.

No. B151131.

120 Cal.Rptr.2d 328 (2002)

98 Cal.App.4th 1205

Edward D. BASURA, Jr., et al., Plaintiffs and Respondents, v. U.S. HOME CORPORATION, Defendant and Appellant.

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

As Modified June 27, 2002.

Review Denied September 25, 2002.

Attorney(s) appearing for the Case

Cox, Castle & Nicholson, Timothy M. Truax, Los Angeles, and Joanna C. Huchting, Marina Del Ray, for Defendant and Appellant.

Law Offices of Freeman & Freeman and Matthew C. Freeman for Plaintiffs and Respondents.

KLEIN, P.J.

Defendant and appellant U.S. Home Corporation (Home) appeals an order denying its petition to compel arbitration of an action brought by plaintiffs and respondents Edward D. Basura, Jr., et al. (collectively, plaintiffs or buyers).12

The issues presented are (1) the effect of Home's failure to initial the arbitration clause in the sales agreements...

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