Kemper

Kemper v. Schardt

Good Law
143 Cal. App. 3d 557·192 Cal. Rptr. 46·1983 Cal. App. LEXIS 1785
Court of Appeal of CaliforniaJune 2, 1983Civ. 65544California1,225 words

Opinion

Opinion

Beach, J.

Appeal from judgment confirming arbitrator’s award (Code Civ. Proc., § 1294). We affirm.

Facts:

Appellant and respondent entered into a written contract whereby respondent, an architect, agreed to design several single family homes for appellant, a general licensed contractor since 1977. The agreement contained the following arbitration clause: “All disputes between the parties shall be decided by arbitration (AAA).” A dispute arose between the parties regarding payment for services rendered under the contract. Respondent submitted the controversy to arbitration. There were two hearings where both parties appeared. About two months thereafter, the arbitrator rendered his award in favor of respondent and ordering appellant to pay respondent certain sums and to pay arbitration fees.

Appellant petitioned the superior court to vacate the arbitration award on the grounds that the arbitration clause had been included fraudulently and that the award was based on erroneous computations. He alleged that he was a German native who could speak English but could not read it, that all negotiations between him and respondent had been in German, and that respondent had intentionally…

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