Legal Opinion
Adajar v. RWR Homes, Inc.
California Court of Appeal
Decided February 5, 2008No. D049936PublishedCited by 16 opinions
1Opinion of the Court
Opinion
McCONNELL, P. J.
In this construction defect case, defendants RWR Homes, Inc., and related entities (collectively RWR) 1 appeal an order denying their motion to compel arbitration and stay the litigation as to certain plaintiffs. RWR contends the order violates federal and state laws that favor arbitration. RWR, however, did not submit the arbitration agreement that was allegedly incorporated by reference in plaintiffs’ applications for warranty protection. Because RWR did not satisfy its burden of establishing the existence of an arbitration contract, we affirm the order.
FACTUAL AND…
2Cases cited22 opinions
- Equal Employment Opportunity Commission v. Waffle House, Inc.Supreme Court of the United States · 2002
- Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
- Badie v. Bank of AmericaCalifornia Court of Appeal · 1998
- Vandenberg v. Superior CourtCalifornia Supreme Court · 1999
- Boghos v. Certain Underwriters at Lloyd's of LondonCalifornia Supreme Court · 2005
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3Cited by16 opinions
- Molecular Analytical Systems v. Ciphergen Biosystems, Inc.California Court of Appeal · 2010
- Harris v. TAP Worldwide, LLCCalifornia Court of Appeal · 2016
- Sparks v. Vista Del Mar Child & Family ServicesCalifornia Court of Appeal · 2012
- Esparza v. Sand & Sea, Inc.California Court of Appeal · 2016
- Global Packaging, Inc. v. Superior CourtCalifornia Court of Appeal · 2011
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