WOODSIDE HOMES OF CALIFORNIA, INC v. THE SUPERIOR COURT
Filed 8/21/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(San Joaquin)
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| WOODSIDE HOMES OF CALIFORNIA, INC. et al., Petitioners, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; KIMBERLY WHEELER et al., Real Parties in Interest. |
C052432
(Super. Ct. No. CV023718)
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ORIGINAL PROCEEDINGS. Writ of mandate/prohibition. Granted.
Anwyl, Scoffield & Stepp, Lindy H. Scoffield and Richard A. Sullivan for Petitioners.
No appearance by Respondent.
Kahn Brown & Poore, Karen Kahn, Scott A. Brown and David M. Poore for Real Parties in Interest.
Woodside Homes of California, Inc., (Woodside Homes) petitions for a writ of mandate to overturn orders vacating the appointment of a referee. The appointment was pursuant to a written contract providing that any controversy arising under it shall be submitted to a general judicial reference. The Superior Court vacated the appointment under the view that Grafton Partners v. Superior Court (2005) 36 Cal.4th 944 (Grafton), prohibiting predispute waiver of the right to jury trial in the judicial forum, precludes enforcement of such a predispute contract for reference. Grafton has no such effect and we shall grant the petition.
FACTS AND PROCEDURAL BACKGROUND
Real party in interest Kimberly Wheeler bought a new Stockton subdivision home from Woodside Homes in February of 2003. The written real estate purchase contract for the transaction contains a reference provision, in pertinent part as follows:
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