January 27, 2012

Summary of January 25, 2012 conference report for civil cases

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, January 25, 2012. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.

Review Granted

Promenade at Playa Vista Homeowners Association v. Western Pacific Housing, S198722—Review Granted and Held—January 26, 2012.

The question presented is whether, in a construction defect action brought by a homeowners association, a developer can compel binding arbitration pursuant to an arbitration provision in the CC&R’s. The Supreme Court ordered further action deferred pending consideration and disposition of a related issue in Pinnacle Museum Tower Assn. v. Pinnacle Market Development, S186149.

The Court of Appeal, Second District, Division One, held in a published decision, Promenade at Playa Vista Homeowners Assn. v. Western Pacific Housing, Inc. (2011) 200 Cal.App.4th 849, that the developer could not compel binding arbitration. The court reasoned that CC&R’s are equitable servitudes and can only be enforced by the homeowners association and/or an owner. Developers are not among those permitted to enforce CC&R’s.

Review Denied (with dissenting justices)




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