Boucher

ALLIANCE TITLE COMPANY, INC. v. Boucher

Bad Law
127 Cal. App. 4th 262·2005 Cal. App. LEXIS 315·2005 Daily Journal DAR 2481·25 Cal. Rptr. 3d 440·22 I.E.R. Cas. (BNA) 900
Court of Appeal of CaliforniaMarch 2, 2005B176545California3,766 words

Opinion

Opinion

Turner, J.

I. INTRODUCTION

Defendant, Alliance Title Company, Inc., appeals from an order denying its petition to compel arbitration. Defendant sought to compel plaintiff, Craig Boucher, to arbitrate his claims pursuant to the arbitration clause of an employment agreement. The employment agreement was between plaintiff and a codefendant, Financial Title Company (Financial). Stated differently, defendant, a nonsignatory to the arbitration agreement, sought to compel plaintiff, a signatory, to arbitrate his claims against it. We hold plaintiff is equitably required to arbitrate his causes of action against defendant. Accordingly, we reverse the order denying defendant’s petition to compel arbitration.

II. BACKGROUND

A. The Complaint

Plaintiff sued both defendant and Financial. The substantive allegations of plaintiff’s complaint are that he entered into a written employment agreement with Financial on June 5, 2003. Plaintiff was to be employed as senior vice-president and division president for a three-year term. He was entitled to specified incentive compensation. The employment agreement could not be modified, waived, or discharged except in a writing signed by plaintiff and…

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