Facts

In 2002, the Hancock Park Real Estate Trust ("HPRET") purchased one of two single-family homes, which the defendant Lee Group had constructed on Ocean Front Walk in Venice, California. In May 2003, Bradley Lindsley bought the residence from the HPRET. Later, Lindsey filed suit against numerous parties, including the builders and developers of the residence together with the HPRET and Cage, alleging causes of action against the builder and developer for construction defects and against HPRET and Cage for alleged failure to disclose water drainage problems. HPRET and Cage sought to arbitrate the dispute pursuant to the real estate purchase agreement with Lindsley, but the trial court and Second District Court of Appeal found that Lindsley was not required to arbitrate, because of the possibility for conflicting findings between the trial of the construction defect claims and an arbitration of the alleged non-disclosure claims.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that after Cage moved into the home, the residence had problems with drainage, and told developers. Plaintiff also claimed that when he bought the home, Cage did not tell Plaintiff about the problems. Further, Lindsley alleged that another buyer was initially interested in buying the home, but backed out.

Result

The trial court awarded Plaintiff $165,510 in attorney's fees, as a result of its denial of HPRET's motion to compel arbitration.