Knutsson v. KTXL CA2/5

California Court of Appeal Oct 30, 2014 No. B252347Unpublished

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Holding. The court affirmed the denial of the defendants' petition to compel arbitration, finding that no arbitration agreement existed between the parties and that a prior appellate decision was controlling.

Issues

Whether the trial court erred in denying the defendants' petition to compel arbitration.
Whether the defendants' contentions concerning an automatic stay under Code of Civil Procedure section 916 are moot.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Here, no arbitration agreement exists between defendants and plaintiffs.”

“Further, our decision in Knutsson, supra, is controlling in terms of any rights defendants have to compel arbitration.”

“Any contention concerning the automatic stay is moot.”

Filed 10/30/14 Knutsson v. KTXL CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

KURT KNUTSSON et al., B252347

Plaintiffs and Respondents, (Los Angeles County Super. Ct. No. BC500792) v.

KTXL, LLC et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Steven J. Kleifield, Judge. Affirmed. Barnes & Thornburg, Stephen R. Mick and Christian A. Jordan for Defendants and Appellants. Judith Salkow Shapiro; Moskowitz Law Group and Karen Moskowitz for Plaintiffs and Respondents.

Defendants, are the following non-California television stations: KTXL, LLC;

KXWB, LLC; KIAH, LLC; WSFL, LLC; KDAF, LLC; WPHL, LLC; WPMT, LLC;

WXMI, LLC; WGN Continental Broadcasting Company, LLC; WPIX, LLC; Tribune

Broadcasting Seattle, LLC; Tribune Broadcasting Hartford, LLC; Tribune Broadcasting

Indianapolis, LLC; Television New Orleans, Inc.; and KPLR, Inc. The codefendant is

KTLA, LLC. Defendants appeal from an order denying their petition to compel

arbitration and for a stay. Defendant sought to compel arbitration with plaintiffs, Kurt

Knutsson and Woojivas, Incorporated. The trial court denied the motion to compel

arbitration. We affirm.

In Knutsson v. KTLA, LLC (2014) 228 Cal.App.4th 1118, 1126-1136 (Knutsson),

we held the trial court correctly denied a petition to compel arbitration brought the

Knutsson v. KTXL CA2/5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

TURNER, P. J.

MOSK, J.

KRIEGLER, J.

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