Shepard v. Edward MacKay Enterprises, Inc.

Opinion

BLEASE, Acting P. J.

The sole issue in this appeal is whether the Federal Arbitration Act (FAA), which makes valid and enforceable any arbitration provision in a contract “evidencing a transaction involving commerce,” preempts California law allowing a purchaser of real property to bring an action in court for construction and design defects, notwithstanding an agreement to arbitrate. Plaintiff John T. Shepard purchased a house within the Cottonwood subdivision from defendant, Edward Mackay Enterprises, Inc. (Mackay). Plaintiff filed a lawsuit after a leak from an underground plumbing…