NOT TO BE PUBLISHED IN OFFICIAL REPORTS

OPINION

CODRINGTON, Acting P. J.

INTRODUCTION

In this matter, we have reviewed the petition, the opposition filed by real parties in interest, and the declaration setting forth Ford Motor Company's position. We 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.)

DISCUSSION

The evidence before the court (now corroborated by Ford Motor Company) was that the arbitrator's (Ashworth) availability to conduct the arbitration was a material factor or consideration relating to petitioners' agreement to submit to arbitration. No contrary evidence was presented. We believe that Martinez v. Master Protection Corp. (2004) 118 Cal.App.4th 107 and Alan v. Superior Court (2003) 111 Cal.App.4th 217 are not materially distinguishable. In fact, if the use of a particular arbitration forum and its rules is considered "`material,'" a fortiori, the use of a specific arbitrator known to the parties. (Or at least, at that time, to petitioners.)

The opposing real parties in interest criticize petitioners for "picking up their ball and going home." In the circumstances of this case, we see nothing reprehensible about petitioners' position. In agreeing to arbitrate before Ashworth, they not only gave up their right to a jury trial, but also made other concessions. Although the parties who rejected Ashworth had a legal right to do so, the exercise of that right should not result in the rewriting of the arbitration agreement in a manner to which petitioners would not have originally agreed.

DISPOSITION

Accordingly, the petition for writ of mandate is granted.

Let a peremptory writ of mandate issue directing the Superior Court of San Bernardino County to vacate its order compelling arbitration, and to enter a new order denying the motion to compel. The case shall remain on the general civil list.

Petitioners are directed to prepare and have the peremptory writ of mandate issued, copies served, and the original filed with the clerk of this court, together with proof of service on all parties.

The previously ordered stay is lifted. Petitioners to recover their costs.

McKINSTER, J. and MILLER, J., concurs.