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PINNACLE MUSEUM TOWER ASSN. v. PINNACLE MARKET DEVELOPMENT (US), LLC

No. S186149.

55 Cal.4th 223 (2012)

145 Cal. Rptr. 3d 514

282 P.3d 1217

PINNACLE MUSEUM TOWER ASSOCIATION, Plaintiff and Respondent, v. PINNACLE MARKET DEVELOPMENT (US), LLC, et al., Defendants and Appellants.

Supreme Court of California.

August 16, 2012.

Attorney(s) appearing for the Case

Wood, Smith, Henning & Berman, Daniel A. Berman , Sheila E. Fix , R. Gregory Amundson , Nicholas M. Gedo ; Hecht Solberg Robinson Goldberg & Bagley, Jerold H. Goldberg , Richard A. Schulman , Gregory S. Markow and Amanda A. Allen for Defendants and Appellants.

Luce, Forward, Hamilton & Scripps, and Kathleen F. Carpenter for California Building Industry Association as Amicus Curiae on behalf of Defendants and Appellants.

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

Berding & Weil, Matt J. Malone , Tyler P. Berding ; Epstein Grinnell & Howell, Anne L. Rauch , Jon Epsten , Douglas Grinnell ; Niddrie Fish & Addams and David A. Niddrie for Executive Council of Homeowners and Consumer Attorneys of California as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

BAXTER, J. —

An owners association filed the instant construction defect action against a condominium developer, seeking recovery for damage to its property and damage to the separate interests of the condominium owners who compose its membership. In response, the developer filed a motion to compel arbitration, based on a clause in the recorded declaration of covenants, conditions, and restrictions providing that the association...

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