Mobilehome tenants in a mobilehome park collectively sued the park owner for not adequately maintaining the mobilehome park’s common facilities. The mobilehome park owner sought to compel arbitration with the tenants who initialed the arbitration provision in their lease agreements, claiming those tenants who waived their right to trial were obligated to arbitrate the dispute. The tenants claimed the arbitration provision was unenforceable since all tenants involved in the dispute did not sign the arbitration provision in their lease agreements, and sending some claims to arbitration and others to litigation created a risk of conflicting rulings arising out of the same dispute. A California court of appeals held the dispute between the mobilehome tenants and the mobilehome park owner was to be resolved solely through litigation since enforcing the arbitration provision initialed by only some of the tenants would risk conflicting rulings regarding the same dispute. [Abaya v. Spanish Ranch I, L.P. (2010) 189 CA4th 1490]
