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PROMENADE AT PLAYA VISTA HOMEOWNERS ASSN. v. WESTERN PACIFIC HOUSING, INC.

No. B225086.

200 Cal.App.4th 849 (2011)

PROMENADE AT PLAYA VISTA HOMEOWNERS ASSOCIATION, Plaintiff and Respondent, v. WESTERN PACIFIC HOUSING, INC., et al., Defendants and Appellants.

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

November 8, 2011.

Attorney(s) appearing for the Case

Wood, Smith, Henning & Berman, Stephen J. Henning , Sheila E. Fix , Tracy M. Lewis and Robert G. Amundson for Defendants and Appellants.

Fenton Grant Mayfield Kaneda & Litt, Daniel H. Clifford , Joseph Kaneda and Bruce Mayfield for Plaintiff and Respondent.

OPINION

MALLANO, P. J.—

This appeal presents the question of whether, in response to a construction defect action brought by a condominium homeowners association, the developer can compel binding arbitration of the litigation pursuant to an arbitration provision in the declaration of covenants, conditions, and restrictions (CC&R's). The answer is no.1

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