Rohan
Rohan v. Jaybell CA2/1
Opinion
Opinion
STATEMENT OF FACTS
This appeal from an order denying a defense motion to compel arbitration arises out of a 2017 contract to sell a single-family residence in La Canada, California. The buyers, Derek Rohan and Angela Saverice-Rohan (collectively, the Rohans) signed the agreement, as did the seller, Jaybell, LLC. The purchase agreement includes an arbitration provision obligating “the parties” to the agreement to arbitrate any dispute arising out of the agreement itself or the underlying transaction (and providing that enforcement of the agreement to arbitrate is governed by the Federal Arbitration Act (FAA)).
Soon after the Rohans moved into their new house, they encountered problems with the air conditioning and other systems; by 2019, Jaybell had refused to honor the builder’s warranty included in the purchase documents. In December 2019, the Rohans sued Jaybell for breach of contract, negligence, and two fraud causes of action. In January 2020, Jaybell demurred and filed a motion to strike. Presumably, the demurrer was sustained with leave to amend, and the Rohans filed a first amended complaint, adding Duk J. Corporation (doing business as Samwon Construction), Sunnie S.…