HOUSING GROUP v. PMA CAPITAL INSURANCE COMPANY








Filed 3/25/11




CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE HOUSING GROUP, et al., Plaintiffs and Respondents, v. PMA CAPITAL INSURANCE COMPANY, et al., Defendants and Appellants.

A127581 (Alameda County Super. Ct. Nos. RG 06291935; RG 07334847)

Defendants PMA Capital Insurance Company as successor in interest to Caliber One Indemnity Company, and Caliber One Management Company appeal from an order, filed November 19, 2009, denying their petition to compel arbitration of a dispute concerning attorney fees to be paid to an alleged Cumis counsel.[1] (See Civ. Code, § 2860, subd. (c).) We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On July 10, 2007, plaintiffs The Housing Group, Golden State Developers, Inc., Castro Valley Associates, LP., and Castro Valley, Inc. commenced this lawsuit against their insurers defendants PMA Capital Insurance Company as successor in interest to Caliber One Indemnity Company, and Caliber One Management Company (hereinafter collectively referred to as Caliber One). The record does not include a copy of the first amended complaint, the operative pleading, which was filed May 22, 2008. Caliber One describes the pleading as one in which plaintiffs seek damages for â€