Bono
Bono v. David
Opinion
Opinion
Haerle, J.
I. INTRODUCTION
Julia Bono and Elicia W. David were two of several parties to a memorandum of understanding (MOU) that contained a clause requiring mediation and arbitration of “[a]ny controversy among the parties involving the construction or application of any provision of this Agreement . . . .” The MOU was executed in 2000 by several tenants in common of Lake County property the group planned to develop. In 2005, respondent Bono brought an action for defamation against appellant David based on the contents of a 2004 e-mail David sent to a third party who was apparently attempting to resolve disputes between those two individuals concerning details of the development. David moved to compel mediation and arbitration of Bono’s defamation action pursuant to the arbitration provision of the MOU and Code of Civil Procedure section 1281.2 (section 1281.2). The trial court denied the motion, ruling that Bono’s defamation action was essentially “a stand-alone action” that did not involve contractual interpretation. We agree and hence affirm.
II. FACTUAL AND PROCEDURAL BACKGROUND
In March 2000, the two parties to this lawsuit, plus several others, took title as tenants in…