Cassell v. Armani CA2/4
Real estate broker Michael Cassell entered into a listing agreement granting him the exclusive right to sell a residential property. The agreement, which included an arbitration clause, identified Cassell as the broker and Robert Armani as the seller; those names appear on the respective signature lines. When a dispute concerning the agreement arose, Cassell filed a petition to compel arbitration. He named Stephania Armani, not Robert, as the respondent. Cassell asserted in an accompanying declaration that Stephania signed the agreement using the name of the property’s titleholder, her son, Robert, and represented to Cassell that she had the authority to list the property for sale. The clerk entered default against Stephania but the court declined to enter a default judgment. It directed Cassell to file a motion to compel arbitration, which he did.
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