Legal Opinion
American Builder's Assn. v. Au-Yang
California Court of Appeal
Decided December 13, 1990No. B046838PublishedCited by 16 opinions
1Opinion of the Court
Opinion
KLEIN, P. J.
Plaintiff and appellant American Builder’s Association (Builder’s) appeals an order denying its application for a preliminary injunction for relief from arbitration.
We consider whether an arbitrator exceeded his powers in ordering the joinder of a coclaimant which was not a signatory to a contract providing for arbitration.
We conclude the trial court erred in holding the arbitrator had jurisdiction to determine the nonsignatory’s status. Whether the nonsignatory was an undisclosed principal so as to be properly joined in the arbitration was a question of fact for the trial…
2Cases cited16 opinions
- Victoria v. Superior CourtCalifornia Supreme Court · 1985
- Coopers & Lybrand v. Superior CourtCalifornia Court of Appeal · 1989
- Bank of America v. State Board of EqualizationCalifornia Court of Appeal · 1962
- Schader v. WhiteCalifornia Supreme Court · 1916
- Socialist Workers 1974 California Campaign Committee v. BrownCalifornia Court of Appeal · 1975
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fridl v. Cook, Texas Court of Appeals, 8th District (El Paso)1995
- Donald Carter Kathryn S. Carter v. Health Net of California, Inc.Court of Appeals for the Ninth Circuit · 2004
- Habash v. L.A Pacific Center, Inc.California Court of Appeal · 2012
- Valley Casework, Inc. v. Comfort Construction, Inc.California Court of Appeal · 1999
- East Bay Municipal Utility District v. Department of Forestry & Fire ProtectionCalifornia Court of Appeal · 1996
11 more not listed; retrieve them via the Exa API.