Sandler

Sandler v. Casale

Good Law
125 Cal. App. 3d 707·178 Cal. Rptr. 265·1981 Cal. App. LEXIS 2352
Court of Appeal of CaliforniaNovember 16, 1981Civ. 22572California1,852 words

Opinion

Opinion

Work, J.

Carl Sandler appeals a judgment granting Robert and Linda Casales’ and Imperial Savings and Loan Associations’ (Imperial), motions for judgment on the pleadings in a declaratory relief action regarding his financial responsibility for third party labor and material claims arising from a residential construction project owned by the Ca-sales. Specifically, the court was asked to interpret the disputed effect of an earlier arbitration award between the parties. We conclude Sandler is entitled to declaratory adjudication and reverse the judgment.

Factual and Procedural Background

In May 1977, Sandler, as a general building contractor, contracted to build a residence in El Cajon, California for the Casales. Before completing the project, a dispute between the parties caused him to abandon the project and file an action against the Casales to foreclose his mechanic’s lien. By stipulation, the matter was submitted to arbitration. The arbitrator’s award directed Sandler to pay Casales $9,075 and the costs of arbitration. The award further provided: “This award is in full settlement of all claims and counter claims submitted by either party against the other in this…

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