Whaley

Whaley v. Sony Computer Entertainment America, Inc.

Good Law
121 Cal. App. 4th 479·17 Cal. Rptr. 3d 88·2004 Cal. App. LEXIS 1285·2004 Daily Journal DAR 9667·21 I.E.R. Cas. (BNA) 1032
Court of Appeal of CaliforniaAugust 5, 2004D043188California2,931 words

Opinion

Opinion

Aaron, J.

Sony Computer Entertainment America, Inc. (SCEA) and Shu Yoshida appeal from an order denying their motion to compel arbitration of a complaint brought against them by Christopher Whaley and Kelly Walker. We conclude that the trial court did not misapply the law in denying the motion pursuant to Code of Civil Procedure section 1281.2, subdivision (c). Accordingly, we affirm the trial court’s order.

I

FACTUAL AND PROCEDURAL BACKGROUND

A. SCEA’s Complaint Against Ryan and Sevigny

On April 1, 2003, SCEA filed a complaint against Kelly Ryan and his wife, Traci Sevigny Ryan (Sevigny), in San Diego County Superior Court (the Ryan litigation). In the complaint, SCEA alleged that Ryan, Whaley, and Walker had worked together as employees of SCEA before Whaley and Walker left to form a new company, Red Zone. In October 1998, Red Zone entered into a development agreement with 989 Studio, a division of SCEA, for the development of Sony PlayStation interactive games. Whaley and Walker worked closely with Ryan in developing software for SCEA.

In December 2000, SCEA purchased all the assets of Red Zone and entered into an incentive agreement with certain employees of Red Zone.…

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