Marsch

Marsch v. Williams

Caution
1994 Cal. App. LEXIS 223·23 Cal. App. 4th 250·28 Cal. Rptr. 2d 398·94 Daily Journal DAR 3397·94 Cal. Daily Op. Serv. 1878
Court of Appeal of CaliforniaMarch 15, 1994D018378California2,144 words

Opinion

Opinion

Benke, J.

In this appeal, defendant Ronald Williams and entities he controls (unless otherwise indicated, collectively Williams) appeal an order denying their petition to compel arbitration of claims brought against them by plaintiff and respondent Nicolas Marsch III. Because Marsch’s claims are not related to or grow out of any agreement which provides for arbitration, we affirm the order denying Williams’s petition to compel arbitration.

Factual Background

La Jolla

In 1973, long before Marsch had entered any relationship with Williams, Marsch and Willis Short formed the La Jolla Commercial Associates general partnership. Marsch and Short formed another general partnership, Wall Street Partners, in 1979. Each of these partnerships, collectively known as La Jolla, built and managed a commercial building in La Jolla, California. Marsch and Short were each 50 percent owners of La Jolla. Marsch and Short remained partners in La Jolla until 1983 when Marsch’s wife, Patricia Marsch, purchased Short’s interest in both partnerships.

Williams is the sole trustee of the Ronald Williams Living Trust (the Williams Trust) and president of Palo Alto Town & Country Village, Inc. (T&C), a…

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