Auxier v. Superior Court
In this matter, we have reviewed the petition and have given real party in interest the opportunity to respond. Court have determined that resolution of the matter involves the application of settled principles of law and that issuance of a peremptory writ in the first instance is therefore appropriate. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178.)
Although Code of Civil Procedure section 1775 ff. authorize the court to direct the parties to participate in mediation in most cases where the matter would be subject to mandatory arbitration, cases that raise substantial equitable issuesas does this oneare exempt from arbitration. (Cal. Rules of Court, rule 3.811.) Furthermore, the court should take into account the parties views on the amenability of the case before ordering mediation. (Cal. Rules of Court, rule 3.871.)
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