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Modification: Remedial Construction Services v. Aecom

Ruling by

Steven Z. Perren

Lower Court

Santa Barbara County Superior Court

Lower Court Judge

Donna D. Geck

Subcontract's incorporation of voluminous contract containing arbitration agreement between other parties was insufficient to subject parties to arbitration.





Court

California Courts of Appeal 2DCA/6

Cite as

2021 DJDAR 7205

Published

Jul. 19, 2021

Filing Date

Jul. 15, 2021

Opinion Type

Modification

Disposition Type

Affirmed


REMEDIAL CONSTRUCTION SERVICES, LP,

Plaintiff and Respondent,

v.

AECOM, INC., et al.,

Defendants and Appellants.

 

2d Civ. No. B303797

(Super. Ct. No. 19CV04505)

(Santa Barbara County)

California Courts of Appeal

Second Appellate District

Division Six

Filed July 15, 2021

 

ORDER DENYING PETITION FOR REHEARING AND MODIFYING OPINION

(No Change in Judgment)

 

THE COURT:

Appellants' petition for rehearing is denied. It is ordered that the opinion filed on June 15, 2021, be modified as follows:

On page 8, delete the following sentence in the second paragraph: "And since the Subcontract is governed by California law and is between two California-based companies working on a California construction project, it seems unlikely that RECON would willingly agree to waive dispute resolution in California in favor of arbitration in Texas."

No change in judgment.

 

 

GILBERT, P.J.

PERREN, J.

TANGEMAN, J.

#277714

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