Kashani

Keller Construction Co. v. Kashani

Good Law
220 Cal. App. 3d 222·269 Cal. Rptr. 259
Court of Appeal of CaliforniaMay 11, 1990B037989California2,831 words

Opinion

Opinion

Turner, J.

I. Introduction

Kazem Kashani (Kashani) appeals from a judgment confirming an arbitration award in favor of Keller Construction Company, Inc. (Keller). Kashani contends: (1) as a sole general partner of a limited partnership, he is not bound by any arbitration agreement entered into between the partnership and a third party (Keller); (2) a court order compelling arbitration was a prerequisite to any proceeding in arbitration; (3) sole jurisdiction to hear Keller’s petition to confirm the arbitration award was vested in the Ventura County Superior Court; and (4) it was an abuse of discretion to deny Kashani’s motion for reconsideration of the order confirming the arbitration award. Because we find against Kashani on all counts, the judgment is affirmed.

II. Facts

On June 28, 1985, Keller entered into a written agreement with Ramada of Simi Valley Ltd., a California Limited Partnership (Ramada), to act as general contractor in the construction of a hotel. The contract was signed by Kashani, the sole general partner of Ramada, on behalf of the partnership. The contract contained an arbitration provision as follows: “Any controversy or claim arising out of or relating to…

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