Yin v. Zhong

Filed 7/27/06 Yin v. Zhong CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 ONE

APPEAL from a judgment of the Superior Court of Los Angeles County, Joseph F. DeVanon, Judge. Affirmed.

Law Office of Jacques Chen and Jacques C. Chen for Defendants and Appellants.

Mark M. O'Brien for Plaintiff and Respondent.

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Plaintiff agreed to buy real property from defendants. All parties executed a purchase agreement that contained an arbitration clause. Defendants refused to sell the property. Plaintiff demanded arbitration of the dispute. Defendants declined.

Plaintiff filed this action for specific performance and damages. She petitioned the trial court to compel arbitration and appoint an arbitrator. Defendants opposed the petition and also filed a cross-complaint against third parties. The trial court granted the petition. The arbitrator issued an award in plaintiff's favor, and the trial court confirmed the award.

Defendants argue that arbitration was improper because they had rescinded the purchase agreement, and the cross-complaint created the possibility of conflicting rulings on common issues of law or fact. We affirm because neither ground warranted denial of the petition.

I

BACKGROUND

On September 11, 2003, plaintiff filed this action. The record does not contain the complaint.

A. The Petition

On or about August 25, 2004, plaintiff filed a petition seeking to compel arbitration of the dispute and to appoint an arbitrator. According to the petition, plaintiff and defendants had executed a â€