TARRANT BELL PROPERTY, LLC v. SUPERIOR COURT

No. S179378.

51 Cal.4th 538 (2011)

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.

Supreme Court of California.

February 10, 2011.


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 Petitioners Tarrant Bell Property, LLC, and Monterey Coast, LP.

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.

Milstein, Adelman & Kreger, Mark A. Milstein , Fred M. Adelman and Mayo L. Makarczyk for Consumer Attorneys of California as Amicus Curiae on behalf of Real Parties in Interest.

June Babiracki Barlow and Neil Kalin for California Association of REALTORS as Amicus Curiae on behalf of Real Parties in Interest.


OPINION

CHIN, J.

We granted review in this case to decide whether, under Code of Civil Procedure section 638,1 a trial court has discretion to refuse to enforce a predispute agreement providing that, in the event of dispute, a referee may hear and decide certain contested issues. The Court of Appeal held that a trial court has such discretion and that the trial court here properly exercised that discretion...

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