Legal Question in Construction Law in California

I was recently taken to small claims without given the option of arbitration which was clearly stated in the original contract between myself & now plaintiff as the first alternative to resolve any dispute between parties, when we were before the judge in small claims he order plaintiffs to try to resolve their claim in arbitration before taking this case to small claims, as per my request. I have recently received their request for Arbitration but it now appears that they(the claimant) have added another individual to their arbitration claim who was not listed as a defendant in their original filing for small claims, & my question is can they add this person even though they were not listed in the first complaint?


Asked on 7/05/12, 2:35 pm

2 Answers from Attorneys
Nick Campbell Builders Law Group

Without seeing your contract or the basis for the demand for arbitration against the other person, my answer is "probably." If the contracts require arbitration, and the statute of limitations has not lapsed, there is no reason I can see why they could not add someone else.

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Answered on 7/05/12, 3:08 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, in principle at least. Without reviewing the facts that might warrant dragging another party in as a co-defendant, I can at least say that there is very little connection, procedurally speaking, between the prior court case and the present arbitration proceeding. The plaintiff can bring in additional defendants and can change his claims.

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Answered on 7/05/12, 4:21 pm


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