Treo @ Kettner Homeowners Ass'n v. Superior Court

Petitioner Treo @ Kettner Homeowners Association (Association), a homeowners association of a condominium project in downtown San Diego, sued real party in interest Intergulf Construction Corporation, developer of the project, and other real parties in interest (collectively Intergulf) for alleged construction defects. A provision of Association’s covenants, conditions and restrictions (CC&R’s) required that all disputes between it and Intergulf be decided by a general judicial reference pursuant to Code of Civil Procedure section 638. Intergulf moved for an order submitting the case to a judicial referee. Association opposed the order, arguing that the provision of its CC&R’s cited by Intergulf was not a contract as required by section 638 or that if it was, it was unconscionable and unenforceable. The trial court granted Intergulf’s motion and ordered the matter to a general judicial reference. Association petitioned this court for a writ of mandate, directing the trial court to set aside that order. We issued an order to show cause.

PROCEDURAL BACKGROUND

Intergulf prepared and on January 12, 2001, recorded a declaration of covenants, conditions and restrictions of…