Playa Phase 1 Commercial Land Co. v. PVEMTD Commercial
Filed 5/12/06 Playa Phase 1 Commercial Land Co. v. PVEMTD Commercial CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION FIVE
PLAYA PHASE 1 COMMERCIAL LAND COMPANY, LLC, Plaintiff and Respondent, v. PVEMTD COMMERCIAL, LLC, Defendant and Appellant. | B185785 (Los Angeles County Super. Ct. No. BC334083) |
APPEAL from an order of the Superior Court of Los Angeles County, Jane Johnson, Judge, treated in part as a mandate petition. Affirmed in part; petition for writ of mandate denied.
Hennigan, Bennett & Dorman, J. Michael Hennigan, Peter J. Most, and Allison K. Chock; Greines, Martin, Stein & Richland, Irving H. Greines, and Peter O. Israel, for Defendant and Appellant.
Quinn Emanuel Urquhart Oliver & Hedges, John B. Quinn, Jon Corey, Scott L. Watson, and Scott Florance for Plaintiff and Respondent.
I. introduction
Defendant, PVEMTD Commercial, LLC, has appealed from an order denying a petition to compel arbitration of the amount of a damages claim against plaintiff, Playa Phase 1 Commercial Land Company, LLC, which arose out of three land sale contracts, all entered into on March 6, 2001. Defendant has raised no issues in the appeal concerning the court's denial of petition to compel arbitration. We deem that portion of the appeal to be abandoned and affirm on that basis. Defendant has also purported to appeal from an order denying its motion for the appointment of a referee to determine the amount of damages. We treat the appeal from the judicial reference order as a mandate petition. We deny the petition.
II. Background
A. The Dispute Resolution Provisions
On March 6, 2001, the parties entered into three agreements granting defendant the right to purchase and develop 2.2 million square feet of commercial office space. In section 14 of each of the March 6, 2001 agreements, the parties agreed to resolve disputes by judicial reference as follows. â€
