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BEST INTERIORS, INC. v. MILLIE AND SEVERSON, INC.

No. B195253.

75 Cal.Rptr.3d 1 (2008)

161 Cal.App.4th 1320

BEST INTERIORS, INC., Plaintiff and Respondent, v. MILLIE AND SEVERSON, INC., Defendant and Appellant.

Court of Appeal of California, Second District, Division Eight.

As Modified April 11, 2008.

Attorney(s) appearing for the Case

Law Offices of Ted R. Gropman and Ted R. Gropman, Woodland Hills; Benedon & Serlin, Douglas G. Benedon, Los Angeles, and Gerald M. Serlin, Westbury, NY, for Defendant and Appellant Millie and Severson, Inc.

Rippetoe Miles, Gregory L. Rippetoe and Laura A. Miles for Plaintiff and Respondent Best Interiors, Inc.

Bewley, Lassleben & Miller, Kevin P. Duthoy and Jeffrey S. Baird, Whittier, for Defendant and Respondent Presbyterian Intercommunity Hospital, Inc.

EGERTON, J.*

SUMMARY

Under Code of Civil Procedure section 1281.2, the trial court denied a petition to compel arbitration. That section gives the court the discretion to deny enforcement of an arbitration agreement, and to order all parties to litigate in a single action, if the court determines that (1) a party to the arbitration agreement is also a party to a pending court case with a third party arising out of the same transaction...

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