Fair v. Bakhtiari
This case comes to us on remand from the California Supreme Court, following its reversal of our previous decision. The trial court had denied plaintiff R. Thomas Fairs motion to compel arbitration. The motion was based on an arbitration clause in a document signed at the conclusion of mediation by plaintiff and defendants Karl E. Bakhtiari (Bakhtiari) and Maryann E. Fair (Maryann Fair), as well as by defendants Stonesfair Financial Corporation (SFC), Stonesfair Management Company, LLC (SMC), and Stonesfair Corporation (SC) (collectively Stonesfair entities). On appeal from the trial courts denial of plaintiffs motion to compel arbitration, we reversed the judgment on the ground that the document in question satisfied a statutory exception to the inadmissibility of written or oral communications made during mediation. We also concluded that the document contained a valid agreement between the parties to arbitrate all disputes. (Fair v. Bakhtiari (Oct. 12, 2004, A100240).) The California Supreme Court granted review and reversed our decision. (Fair v. Bakhtiari (2006) 40 Cal.4th 189 (Fair).) It held that the document did not satisfy the statutory exception to the inadmissibility of communications made during mediation and remanded to this court for further proceedings. (Fair, at p. 200 & fn. 7.) The judgment is affirmed.
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