Guerra

Guerra v. Aurora Loan Services CA6

Good Law
Court of Appeal of CaliforniaSeptember 19, 2014H038331California2,266 words

Opinion

Opinion

Mihara, J.

Filed 9/19/14 Guerra v. Aurora Loan Services CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

JOE GUERRA, H038331

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 1-11-CV215595)

v.

AURORA LOAN SERVICES, LLC,

Defendant and Appellant.

Aurora Loan Servicing, LLC (Aurora) appeals from a judgment confirming an arbitration award in favor of Joe Guerra. Aurora contends that the trial court erred in granting the motion to compel arbitration. We agree and reverse the judgment.

I. Procedural and Factual Background

On April 1, 2006, Raul Chairez and Guerra entered into an agreement entitled “LEASE AGREEMENT with OPTION TO PURCHASE & EXTEND” (agreement). Pursuant to the agreement, Chairez rented the property at 15439…

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