Dhoot v. Dhoot
Brothers defendant Dalwinder Dhoot and plaintiff Kashmir Dhoot, as partners, owned and operated two truck stops, also known as travel plazas. As often happens in familial business relationships, the brothers experienced a falling out and decided to dissolve the partnership and divide the assets. Dalwinder and Kashmir entered into a dissolution agreement, which contained arbitration language.
As the acrimony between the brothers increased, Dalwinder served Kashmir with a demand for arbitration and sought to rescind the dissolution agreement. Kashmir responded by filing an action seeking a judicial declaration that the dispute Dalwinder sought to arbitrate was not subject to mandatory binding arbitration, and seeking a preliminary and permanent injunction. The trial court issued a temporary restraining order and order to show cause. Following briefing and argument, the trial court issued a preliminary injunction to enjoin the parties from prosecuting the arbitration and all associated proceedings in the dispute between the brothers. Dalwinder and his wife Gurdiv (collectively, Dalwinder) appeal, contending the dissolution agreement encompasses their claims and Kashmir waived any objection to arbitration. Kashmir argues Dalwinders appeal is untimely. Court find the appeal timely and affirm the judgment.
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