TARRANT BELL PROPERTY, LLC v. SUPERIOR COURT

Nos. A125496, A125714.

179 Cal.App.4th 1283 (2009)

TARRANT BELL PROPERTY, LLC, et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; REYNALDO ABAYA et al., Real Parties in Interest. SPANISH RANCH I, L.P., Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; REYNALDO ABAYA et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Four.

December 2, 2009.


Attorney(s) appearing for the Case

Hart King & Coldren, Robert S. Coldren, Robert G. Williamson, Jr., Daniel T. Rudderow; Carlson Calladine & Peterson and Asim Kishore Desai for Petitioner Tarrant Bell Property, LLC.

Gray • Duffy, John J. Duffy and Frank J. Ozello, Jr., for Petitioner Spanish Ranch I, L.P.

No appearance for Respondent.

Endeman, Lincoln, Turek & Heater, James Allen, Henry E. Heater and Linda B. Reich for Real Parties in Interest.


OPINION

SEPULVEDA, J.

It is undisputed that a trial court may, in its discretion, refuse to compel arbitration between contracting parties where there are other individuals suing over the same matter and separate arbitration and court actions risk conflicting rulings on a common issue of law or fact. (Code Civ. Proc., § 1281.2, subd. (c).) The question presented here is whether the trial court is vested with comparable discretion...

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