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DMS SERVICES, LLC v. SUPERIOR COURT

No. B235819.

205 Cal.App.4th 1346 (2012)

140 Cal. Rptr. 3d 896

DMS SERVICES, LLC et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ZURICH SERVICES CORPORATION et al., Real Parties in Interest.

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

May 15, 2012.

Attorney(s) appearing for the Case

Roxborough, Pomerance, Nye & Adreani, Nicholas P. Roxborough and Joseph C. Gjonola for Petitioners.

Kamala D. Harris , Attorney General, Paul D. Gifford , Assistant Attorney General, William L. Carter and Amy J. Winn , Deputy Attorneys General, for Insurance Commissioner Dave Jones as Amicus Curiae on behalf of Petitioners.

Locke Lord, Steven T. Whitmer , Julie L. Young and Stephen A. Tuggy for Real Parties in Interest.

SNR Denton US and Sean McEneaney for American Insurance Association as Amicus Curiae on behalf of Real Parties in Interest.

OPINION

PERLUSS, P. J.—

DMS Services, LLC, Diversified Maintenance Services, Inc., DMS Facility Services, LLC, and DMS Facility Services, Inc. (collectively DMS), petitioned this court for a writ of mandate seeking to vacate the trial court's order compelling arbitration of its cause of action for breach of contract and related claims against Zurich Services Corporation (ZSC), the third party administrator for DMS's workers' compensation...

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