Tutti Mangia Italian Grill, Inc. v. American Textile Maintenance Co.

Good Law
128 Cal. Rptr. 3d 551·197 Cal. App. 4th 733·2011 Cal. App. LEXIS 924
Court of Appeal of CaliforniaJuly 18, 2011No. B227191California4,183 words

Opinion

Lead Opinion

Manella, J.

INTRODUCTION

Tutti Mangia Italian Grill, Inc. (TMIG), and Absolutely Italian Claremont, Inc. (AIC, collectively appellants), appeal from a judgment of the superior court confirming arbitration awards against them. They contend the judgment should be reversed and the arbitration awards should be vacated because (1) the arbitration provisions are invalid, and (2) respondent American Textile Maintenance Company failed to file a petition to compel arbitration. Finding no error, we affirm.

FACTUAL AND PROCEDURAL HISTORY

On January 21, 2010, appellants filed a complaint for declaratory relief in Los Angeles Superior Court. In the complaint, TMIG alleged that it is “purportedly a party to a written agreement with [respondent] dated January *736 30, 2009, for the provision of restaurant linens.” The written agreement, attached as exhibit A to the complaint, shows that Todd Christian, whose title was “General Manager,” signed the agreement on behalf of TMIG. The agreement contained an arbitration clause providing that “[u]nless the monetary sum sought is within the jurisdiction of the Small Claims Court, any and all disputes with respect to this Agreement shall be resolved…

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