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McAVOY v. HILBERT

No. D052802.

172 Cal.App.4th 707 (2009)

RANDALL K. McAVOY et al., Cross-complainants and Respondents, v. DAIL W. HILBERT, Cross-defendant and Appellant; SIDNEY H. LEVINE et al., Respondents.

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

March 24, 2009.

Attorney(s) appearing for the Case

Horwitz, Cron & Jasper and Bernard C. Jasper for Cross-defendant and Appellant.

The Law Offices of Charles D. Nachand, Charles D. Nachand and Richard B. Hudson for Cross-complainants and Respondents.

David J. Gallo for Respondents.

OPINION

NARES, J. —

In this action arising out of the sale of a woodworking business owned by Randall K. McAvoy and Trudy K. Esther McAvoy (together, the McAvoys), together with the real property upon which the business operated, Dail W. Hilbert, the broker on the transaction, appeals from an order denying his petition to compel arbitration. The court denied the petition on the basis that (1) the arbitration clause in Hilbert's open listing...

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