Woodside Homes of California, Inc. v. Superior Court

Woodside Homes of California, Inc., (Woodside Homes) petitions for a writ of mandate to overturn orders vacating the appointment of a referee. The appointment was pursuant to a written contract providing that any controversy arising under it shall be submitted to a general judicial reference. The superior court vacated the appointment under the view that Grafton Partners v. Superior Court (2005) 36 Cal.4th 944 [ 32 Cal.Rptr.3d 5 , 116 P.3d 479 ] (Grafton), prohibiting predispute waiver of the right *101 to jury trial in the judicial forum, precludes enforcement of such a predispute contract for reference. Grafton has no such effect and we shall grant the petition.

FACTS AND PROCEDURAL BACKGROUND

Real party in interest Kimberly Wheeler bought a new Stockton subdivision home from Woodside Homes in February of 2003. The written real estate purchase contract for the transaction contains a reference provision, in pertinent part as follows: “JUDICIAL REFERENCE OF DISPUTES. If either BUYER or SELLER commences a lawsuit for a dispute arising under this Agreement or relating to the condition, design or construction of any portion of the Property, all of the issues in such…