(Florida attorney) Birl v. Heritage Care LLC
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(Cal. App., Civil Procedure, Dispute Resolution & Arbitration, Injury And Tort Law) In a wrongful death action, denial of defendant’s petition to compel arbitration is affirmed where: 1) co-defendant Kaiser is a third party involved in the same and related transactions as defendant Heritage, and thus under Code Civ. Proc. section 1281.2 the controversy does not have to be arbitrated ; 2) plaintiffs are third parties to the arbitration agreement with defendant as to causes of action brought in plaintiffs’ individual capacities, and their claims arise out of the same transaction, satisfying the requirements of section 1281.2.
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April 15, 2009 2:55 am | 
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