Maddy

Appellant Marian J. Castle entered into a contract with respondent, H. L. Maddy, doing business as Apex Bonded Builders and Bonded Contractors. The contract contained an arbitration clause. After work had been done under this contract, a balance of $350 remained unpaid.

Maddy made no request for arbitration under the contract but, instead, instituted a small claims court action, asking for $425.25. Castle in turn filed a complaint in municipal court, seeking $4,500 damages, and declaratory relief and asking that the small claims court action be transferred to the municipal court.

In municipal court, Maddy demanded arbitration under the contract. He thereafter filed his petition in tha superior court for an order compelling arbitration. Castle responded by a declaration stating that Maddy had waived his right to arbitration by filing the small claims action. The superior court found no waiver and ordered the issues to be arbitrated. Castle participated fully in the arbitration, which resulted in an award giving Maddy $350 and Castle $150, leaving a net award of $200 to Maddy.

Castle then moved in the superior court to have the award vacated and to have the proceedings…