Jsm Tuscany, LLC v. Superior Court

In these writ proceedings, we consider the trial court’s denial, without prejudice, of petitioners’ 1 motion to compel arbitration *1226 pursuant to the provisions of three separate, but substantially identical, real estate purchase contracts. Petitioners are 12 of the 27 defendants named in the first amended complaint (the operative pleading before us) filed by the four plaintiffs, N. Neil Shekhter; NMS Properties, Inc.; 15394 NM, LLC; and NMS/JSM San Lorenzo, LLC.

Plaintiffs’ complaint, although pleading some 16 causes of action, essentially seeks recovery of damages and other relief from the several defendants for their breach of the three real estate sales contracts (hereinafter, PSA’s) and the failure of some of the defendants to meet the requirements of three related deed restriction (Deed Restriction) agreements that those defendants had entered into with the City of Santa Monica, and as to one of which two of the plaintiffs, 15394 NM or NMS/JSM San Lorenzo, claim to be third party beneficiaries.

The three PSA’s each contained a broad arbitration clause which petitioners moved to enforce. The trial court denied the motion to compel arbitration on the grounds…