Kemex Construction v. Rocket Sciences Laboratories
Filed 5/8/06 Kemex Construction v. Rocket Sciences Laboratories CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
KEMEX CONSTRUCTION, INC., Plaintiff and Respondent, v. ROCKET SCIENCE LABORATORIES, LLC, et al., Defendants and Appellants. | G035502 (Super. Ct. No. 05CC02946) O P I N I O N |
Appeal from an order of the Superior Court of Orange County, Gregory H. Lewis, Judge. Request for judicial notice and motion to dismiss. Order reversed. Request and motion denied.
Ropers, Majeski, Kohn & Bentley, Mark G. Bonino, Bradley P. Boyer, James H. Park, Michael J. Quinn and Terry P. Anastassiou for Defendants and Appellants.
John L. Dodd & Associates, John L. Dodd; and John R. Lobherr for Plaintiff and Respondent.
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Defendants Rocket Science Laboratories, LLC, Anthony Serratelli, Donna Serratelli, Fox Broadcasting Company, Doug Forbes, Don Frost, and Stephanie Svennson appeal from an order denying their motion to compel arbitration. They contend the court erred when it held that plaintiff, Kemex Construction, Inc., could not be forced to arbitrate with any of the defendants except for Rocket Science because it was the only party to the arbitration agreement. They argue the nonsignatory defendants are intended third party beneficiaries of the agreement, plaintiff is equitably estopped to oppose arbitration, and defendants did not waive their right to arbitrate. They also contend the fact that plaintiff has sued to foreclose a mechanics' lien does not bar arbitration. We do not need to address the question of third party beneficiaries because we agree with defendants' other three contentions and reverse.
FACTS
Rocket Science produced a reality television series for Fox, which was to present the demolition and reconstruction of a home owned by the Serratellis (production). Rocket Science entered into a written contract with plaintiff, a licensed contractor, to do the work. The contract contained an arbitration provision, which stated: â€
