MANSOURI

MANSOURI v. Superior Court

Caution
104 Cal. Rptr. 3d 824·181 Cal. App. 4th 633·2010 Cal. App. LEXIS 99·10 Cal. Daily Op. Serv. 1333
Court of Appeal of CaliforniaJanuary 28, 2010C062366California2,771 words

Opinion

Opinion

Cantil-Sakauye, J.

—A dispute arose between petitioner Zari Mansouri and her homeowners association, the Fleur du Lac Estates Association (Association), after Mansouri remodeled her condominium’s patio. The Association obtained a court order compelling arbitration of the dispute under an arbitration provision contained in the Second Restated Declaration of Covenants, Condition’s and Restrictions for the Association (CC&R’s). The trial court awarded attorney fees to the Association for its expense in bringing the petition to compel arbitration. We granted an alternative writ in this mandamus proceeding to consider (1) whether the arbitration provision in the CC&R’s is unenforceable and unconscionable; (2) if the arbitration provision is valid, whether this dispute falls outside of the scope of the arbitration provision; and (3) whether the Association complied with the applicable statutory requirements for a petition to compel arbitration. We conclude the arbitration provision is enforceable, is not unconscionable, and is applicable. However, in the published portion of this opinion, we conclude a party seeking to compel arbitration under Code of Civil Procedure section 1281.2 (section…

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