JELD-WEN, INC. v. SUPERIOR COURT

No. D048782.

53 Cal.Rptr.3d 115 (2007)

146 Cal.App.4th 536

JELD-WEN, Inc., Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Marlborough Development Corp., et al., Real Parties in Interest.

Court of Appeal of California, Fourth District, Division One.

January 4, 2007.


Attorney(s) appearing for the Case

McAtee and Harmeyer, Jeff G. Harmeyer, San Diego, and Brett Norris for Petitioner.

No appearance for Respondent.

Cooksey, Toolen, Gage, Duffy & Woog, Phil Woog, and Paul K. Hoffman, Costa Mesa, for Real Parties in Interest.


McINTYRE, J.

In this case we hold that trial courts do not have the authority to order parties in a complex civil action to attend and pay for private mediation.

FACTUAL AND PROCEDURAL BACKGROUND

Jeld-Wen, Inc. is an uninsured cross-defendant in this multi-party construction defect case involving over $500,000 in alleged costs of repair. The trial court proposed a case management order (the order) that, among other things, deemed the matter to be...

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