Sherman v. Barrett
Defendant Robert Barrett appeals from the trial court's order denying his petition to compel arbitration. Barrett contends the trial court abused its discretion when it declined to enforce the contractual arbitration agreement between Barrett and plaintiff David Sherman, based on Barrett's delay in filing his petition to compel arbitration, and based on the fact that the litigation also involves claims against a third party codefendant, Ivan Mendoza, which are not subject to the arbitration agreement. Court conclude that the trial court did not abuse its discretion in deciding, pursuant to Code of Civil Procedure section 1281.2, subdivision (c), to deny arbitration because of the possibility of conflicting rulings on common issues of law or fact. Court affirm.
Comments on Sherman v. Barrett