Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location

Mansouri v. Sup. Ct., NO. C062366

Article Placeholder Image
By FindLaw Staff on February 01, 2010 11:25 AM

In a homeowner's petition for a writ of mandate seeking to require a trial court to vacate its order compelling arbitration and awarding attorney fees to a condominium association is granted where: 1) an arbitration provision contained in the CC&Rs is not unconscionable, and is applicable; 2) however, a party seeking to compel arbitration under Code of Civil Procedure section 1281.2 must establish it demanded arbitration under the parties' arbitration agreement and that the other party refused to arbitrate under the agreement before it is entitled to an order granting a petition to compel such arbitration; and 3) the association here failed to show it made such a request. 

Read Mansouri v. Sup. Ct., NO. C062366 [HTML]

Read Mansouri v. Sup. Ct., NO. C062366 [PDF]

Appellate Information

Filed January 28, 2010


Opinion by Judge Cantil-Sakauye

For Appellant:   Manatt, Phelps & Phillips, LLP, Andrew A. Bassak, Benjamin G. Shatz

For Appellee:   Sproul Trost LLP, Thomas G. Trost, Gregory L. Maxim, Jason M. Sherman

Find a Lawyer

More Options