Oviedo v. Grace
Filed 2/5/07 Oviedo v. Grace CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
ARTHUR OVIEDO, Plaintiff and Respondent, v. ERIC GRACE et al., Defendants and Appellants. | B188018 (Los Angeles County Super. Ct. No. BC335442) |
APPEAL from an order of the Superior Court for the County of Los Angeles, Maureen Duffy-Lewis, Judge. Reversed and remanded.
Andrews & Hensleigh and Barbara Hensleigh for Defendants and Appellants Eric Grace and John Rotondo.
Madden, Jones, Cole & Johnson, Montgomery Cole and Scott J. Quan for Defendant and Appellant Pacific Imaging, LLC.
Liner Yankelevitz Sunshine & Regenstreif, Deborah A. Klar and Robert M. Shore for Plaintiff and Respondent Arthur Oviedo.
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Eric Grace, John Rotondo and nominal defendant Pacific Imaging, LLC appeal from an order denying their petition to compel arbitration in this derivative action brought by Arthur Oviedo on behalf of Pacific Imaging. We reverse.
FACTUAL AND PROCEDURAL BACKGROUND
1. The Formation of Pacific Imaging
Oviedo, Grace, Rotondo and eight other individuals entered into an operating agreement for Pacific Imaging, a diagnostic imaging center, on May 9, 2003. The agreement states, â€
