Westwood Montserrat v. AGK Sierra De Montserrat CA3

I. BACKGROUND

In May 2011, Westwood filed an action in superior court alleging causes of action for declaratory relief, injunctive relief and continuing nuisance. The CC & R’s contain an arbitration agreement that provides for “final, binding arbitration of the Claim under the auspices of the [American Arbitration Association (AAA)] in accordance with the AAA’s Commercial Arbitration Rules, as appropriate. Such claims shall not be decided by or in a court of law. Any judgment upon the award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction over such Claim.” The provision also states that “[a]ll decisions respecting the arbitrability of any Claim shall be decided by the arbitrator(s),” and “[t]he award of the arbitrator(s) shall be accompanied by detailed written findings of fact and conclusions of law.” In 2013, Westwood filed, and then later amended, a claim for arbitration pursuant to this agreement. The amended claim named AGK, Sierra de Montserrat Owners

2 Association, Robert C. Kincade and Jennielyn B. Kincade as respondents.1 As its name suggests, Sierra de Montserrat Owners Association is the homeowners’ association for Sierra de…