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TREND HOMES, INC. v. SUPERIOR COURT

No. F046715.

32 Cal.Rptr.3d 411 (2005)

131 Cal.App.4th 950

TREND HOMES, INC., Petitioner, v. The SUPERIOR COURT of Fresno County, Respondent; Jerud Azperren et al., Real Parties in Interest.

Court of Appeals of California, Fifth District.

August 2, 2005.

Attorney(s) appearing for the Case

Cox, Castle & Nicholson, Robert D. Infelise, Karleen M. O'Connor, San Francisco; Low, Ball & Lynch and Christine Balbo Reed for Petitioner.

John P. Dwyer, Los Angeles, for California Building Industry Association as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Law Offices of Keith C. Rickelman and Keith C. Rickelman for Real Parties in Interest.

OPINION

GOMES, J.

Petitioner, a builder of single-family homes, challenges the trial court's denial of its motion to compel judicial reference of the underlying construction defect action brought against it by homebuyers. The trial court refused to enforce a clause in home purchase contracts requiring homebuyers who sue petitioner to submit the dispute to judicial reference on the ground the clause is unconscionable...

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