In a petition for a writ of mandamus invalidating the trial court’s grant of defendant’s motion to compel arbitration, the petition is granted where plaintiff’s decedent’s death rendered it impossible to make any evidentiary finding regarding whether her alleged waiver of her right to a jury trial was knowing and voluntary.

Read Rodriguez v. Superior Court, No. B212603

Appellate Information

Filed August 25, 2009

Judges

Opinion by Judge Jackson

Counsel

For Petitioner:

Anton C. Gerschler, Encinitas, CA 

For Respondents:

Jack R. Reinholtz, Prindle, Decker & Amaro, Long Beach, CA

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