Kerrigan

FACTS AND PROCEDURAL HISTORY

In April 2006 Coldwell Banker Residential Brokerage Sunset Strip (Coldwell) received a $615,000 commission for representing the buyer in the purchase of a $30 million Malibu estate. In October 2006, real estate broker Mirzo International, Inc. (Mirzo) and its sales agent, appellant John Kerrigan, filed an arbitration complaint against Coldwell and the seller’s agent, Hilton & Hyland Real Estate (Hilton), alleging that Kerrigan had been the procuring cause of the sale due to his previous representation of the buyer.2 The arbitration complaint was filed with the Beverly Hills/Greater Los Angeles Association of Realtors (the Association) because all the parties were members of that organization, which obligated them to arbitrate their dispute. Coldwell filed a written response to the complaint, acknowledging its agreement to arbitrate the dispute under the Association’s rules. In January 2008 Mirzo declared bankruptcy and its arbitration commission claim became listed as an account receivable in its schedule of personal assets. In April 2008

The trial court also sustained without leave to amend separate demurrers by defendants Beverly…