GREENBRIAR HOMES v. SUPERIOR COURT

No. C044210

11 Cal.Rptr.3d 371 (2004)

117 Cal.App.4th 337

GREENBRIAR HOMES COMMUNITIES, INC., Petitioner, v. SUPERIOR COURT of San Joaquin County, Respondent; Albert Couris et al., Real Parties in Interest.

Court of Appeals of California, Third District

As Modified March 9, 2004


Attorney(s) appearing for the Case

Robert D. Infelise, Alicia N. Vaz, Cox, Castle & Nicholson, San Francisco, CA, for Petitioner.

John Patrick Dwyer, San Francisco, CA, California Building Industry and Association of Home Builders Association of Northern California as Amicus curiae for petitioner.

June Babiracki Barlow and Neil D. Kalin for California Association of Realtors as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Fred Adelman, Lee Jackson; Verboon, Milstein & Peter, Santa Monica, CA, Stuart B. Esner, Esner & Chang, Los Angeles, CA, for Real party in interest.


NICHOLSON, J.

By this action, petitioner challenges the trial court's denial of its motion to compel reference to a referee in the underlying action. It argues the trial court abused its discretion (1) by not determining the contractual reference provision on which petitioner relied is enforceable and not unconscionable, and (2) by denying the motion based on the alleged potential of a multiplicity of suits. We grant the petition in part.

BACKGROUND

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