Judicial Reference Provision In Dispute Resolution Agreement Upheld.

In a commercial real estate transaction, the parties each signed a personal continuing guarantee in favor of the lender, and the guaranty agreements contained a provision authorizing dispute resolution through judicial reference. The trial court granted plaintiff’s motion for appointment of a referee, and defendant’s sought extraordinary relief through a writ petition. They argued the reference provision is unconscionable and unenforceable. In affirming the appointment of a referee, the appellate court stated: “Drawing on cases analyzing contractual arbitration provisions authorized under [Code of Civil Procedure] section 1280, et seq., we conclude plaintiff did not waive its right to judicial reference. We reject defendants’ remaining arguments and accordingly deny the petition for writ of mandate/prohibition.” O’Donoghue v. Sup.Ct. (Performing Arts, LLC) (Cal. App. First Dist., Div. 5; August 29, 2013) (As mod. Sept. 27, 2013) 219 Cal.App.4th 245.