Scott v. Matsui CA4/1
Plaintiffs Jason M. Scott and Patricia J. Scott (Buyers) bought a home (Property) from defendants Darryl Shoji Matsui and Pollie Alisa Gautsch (Sellers) in July 2014. After Buyers began the process of remodeling in April 2015, they allege that they first learned of an easement on the Property that created an encroachment onto the city's right-of-way. In a complaint filed in July 2016, Buyers asserted various causes of action against Sellers based on Sellers' alleged failure to disclose the easement.
Pursuant to an arbitration provision in the contract for the purchase and sale of the Property, Sellers demanded arbitration and filed a motion to compel arbitration in March 2017. The superior court denied Sellers' motion, ruling that, by their actions during the October 2015 through March 2017 time period—i.e., from the date the parties first attempted to resolve their dispute through the filing of Sellers' motion—Sellers had waived their right to arbitrate the
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