Keller Constr. Co. v. Kashani

In Keller Constr. Co. v. Kashani (1990) 220 Cal.App.3d 222, a sole general partner of a limited partnership contended he, a nonparty, was not bound by an arbitration agreement entered into between his partnership and a third party (a construction company). (Keller, supra, 220 Cal.App.3d 222, 225.) The court held he was nevertheless subject to the arbitration agreement, because under the circumstances, there was enough of a relationship with the parties to the arbitration agreement so that he must be held subject to it as well, even though he personally never agreed to arbitrate the dispute. The court relied on California statutory law providing that a general partner of a partnership is liable for " 'all . . . debts and obligations of the partnership . . . .' " (Id. at p. 228, citing former Corp. Code, 15015, subd. (b), now Corp. Code, 16306). "In sum, the relationship between a sole general partner and a limited partnership is such that the partner is bound by an agreement to arbitrate disputes entered into by the partnership." (Keller, supra, 220 Cal.App.3d 222, 228.)