Bunker Hill Park v. U.S. Bank
Annotate this CaseBunker Hill petitioned to compel arbitration with its tenant, U.S. Bank, to resolve the parties' disagreement over whether subleases automatically terminate if the underlying lease between the parties terminates. For purposes of Code of Civil Procedure, section 1281.2, the statute that expressly governs petitions to compel arbitration, all a petitioner is required to show before arbitration "shall" be ordered is the existence of a valid agreement to arbitrate the issue underlying the petition and the opposing party's refusal to arbitrate the controversy. The trial court concluded that the trial court erred in denying the petition to compel arbitration where Bunker Hill made those showings here and there is no indication that any of the three narrow exceptions apply. Accordingly, the court denied the petition and reversed with directions for the trial court to grant the petition.
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