In Re Credit Suisse First Boston Mortgage Capital

Relators Credit Suisse First Boston Mortgage Capital, L.L.C. ("Mortgage Capital") and Credit Suisse First Boston, L.L.C. ("CSFB") ask us to issue a writ of mandamus requiring the respondent to enforce a contractual jury waiver. Mortgage Capital and the real party in interest signed a contract containing a jury waiver clause. CSFB did not sign the contract. The trial court applied the clause to the real party in interests claims against signatory Mortgage Capital, but refused to apply the clause to claims against nonsignatory CSFB. We hold that the clause does not reach claims against nonsignatory CSFB. We decline CSFBs invitation to use direct-benefits equitable estoppel as a mechanism for extending a contractual jury waivers reach to encompass claims against a nonsignatory. Therefore, we deny the petition for writ of mandamus.