Spence

Spence v. Omnibus Industries

Good Law
119 Cal. Rptr. 171·1975 Cal. App. LEXIS 989·44 Cal. App. 3d 970
Court of Appeal of CaliforniaJanuary 29, 1975Civ. 13808California1,933 words

Opinion

Opinion

Gardner, J.

Plaintiffs, husband and wife, are home owners. Defendant corporation is a building contractor specializing in remodeling. Plaintiffs and Defendants entered into a contract by the terms of which defendants were to do certain remodeling of plaintiffs’ home. The contract was provided by defendant. It was a standardized document. On its face is a description of the work to be done and the price to be paid. On the reverse side are certain printed “terms and conditions.” Paragraph 30 of these “terms and conditions” provides for arbitration in accordance with the rulés of the American Arbitration Association.

A dispute arose between the parties and plaintiffs sued defendants for damages alleging breach of contract and fraud. The total demand was $37,000. Defendants filed a petition for arbitration under the contract. The court granted the petition and, in addition, ordered that plaintiffs pay the filing fee. While plaintiffs have no argument with the order for arbitration, they complain of that portion of the order which provides that they are to pay the arbitration filing fee. Their distress is understandable. The filing fee for arbitration is $720.

While there is a strong…

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