JSM TUSCANY, LLC, et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondents; NMS PROPERTIES, INC., et al., Real Parties in Interest., 193 Cal. App. 4th 1222

Summary

Plaintiffs' complaint essentially sought recovery of damages and other relief from defendants for their breach of the real estate sales contracts and the failure of some defendants to meet the requirements of three related deed restriction agreements that those defendants had entered into with a city, and as to one of which two plaintiffs claimed to be third-party beneficiaries. The court observed that existing law established that defendants who were not signatories to the agreements containing an arbitration clause could enforce the arbitration clause contained therein against signatory party plaintiffs who had filed suit on claims arising under the agreements. The court held that nonsignatory plaintiffs who had joined in the action to assert claims based upon or arising out of the alleged breach of the contracts containing the arbitration clauses could also be compelled to arbitrate, even by defendants who were not themselves signatory parties to the contracts containing the ...