P0790 In the absence of evidence that the contract involves interstate commerce, the Federal Arbitration Act does not apply to an agreement between a California homeowner and a California contractor to renovate a single family residence in California; so even though a party to it is an attorney and was aware that the agreement purported to waive the right to a jury trial, a court has no discretion to enforce an arbitration agreement contained in the contract unless it complies with formal requirements set forth in the Business and Professions Code.CitationWOOLLS v SUPERIOR COURT (May Not) 127 CA4 197 [See: B&PC 7191; 9 USC 1 etseq; CCP 1280 etseq; Decker v UD Registry 105 CA4 1382, P/AT 3/03]
|
|