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California Code of Civil Procedure Section 1281.2

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1281.2

1281.2.  On petition of a party to an arbitration agreement alleging
the existence of a written agreement to arbitrate a controversy and
that a party thereto refuses to arbitrate such controversy, the court
shall order the petitioner and the respondent to arbitrate the
controversy if it determines that an agreement to arbitrate the
controversy exists, unless it determines that:
   (a) The right to compel arbitration has been waived by the
petitioner; or
   (b) Grounds exist for the revocation of the agreement.
   (c) A party to the arbitration agreement is also a party to a
pending court action or special proceeding with a third party,
arising out of the same transaction or series of related transactions
and there is a possibility of conflicting rulings on a common issue
of law or fact. For purposes of this section, a pending court action
or special proceeding includes an action or proceeding initiated by
the party refusing to arbitrate after the petition to compel
arbitration has been filed, but on or before the date of the hearing
on the petition. This subdivision shall not be applicable to an
agreement to arbitrate disputes as to the professional negligence of
a health care provider made pursuant to Section 1295.
   If the court determines that a written agreement to arbitrate a
controversy exists, an order to arbitrate such controversy may not be
refused on the ground that the petitioner's contentions lack
substantive merit.
   If the court determines that there are other issues between the
petitioner and the respondent which are not subject to arbitration
and which are the subject of a pending action or special proceeding
between the petitioner and the respondent and that a determination of
such issues may make the arbitration unnecessary, the court may
delay its order to arbitrate until the determination of such other
issues or until such earlier time as the court specifies.
   If the court determines that a party to the arbitration is also a
party to litigation in a pending court action or special proceeding
with a third party as set forth under subdivision (c) herein, the
court (1) may refuse to enforce the arbitration agreement and may
order intervention or joinder of all parties in a single action or
special proceeding; (2) may order intervention or joinder as to all
or only certain issues; (3) may order arbitration among the parties
who have agreed to arbitration and stay the pending court action or
special proceeding pending the outcome of the arbitration proceeding;
or (4) may stay arbitration pending the outcome of the court action
or special proceeding.
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Last modified: March 17, 2014