Greenbriar Homes Communities, Inc. v. Superior Court

By this action, petitioner challenges the trial court’s denial of its motion to compel reference to a referee in the underlying action. It argues the trial court abused its discretion (1) by not determining the contractual reference provision on which petitioner relied is enforceable and not unconscionable, and (2) by denying the motion based on the alleged potential of a multiplicity of suits. We grant the petition in part.

BACKGROUND

Petitioner’s predecessor in interest constructed single-family homes in a Stockton development commonly known as Chantelane. Real parties in interest are owners of Chantelane homes. ***&They brought individual actions against petitioner to recover for damages allegedly suffered due to defective construction of their homes. The trial court consolidated their actions into the matter of Acosta v. Greenbriar Homes Communities, Inc., San Joaquin Superior Court case No. CV018524, consolidated with case No. CV019335 and case No. CV020674.

Real parties’ first amended complaint alleged 69 different homes were involved in the action. Of those, 43 were owned by real parties who purchased their homes from petitioner and were in privity of contract…