CPI Builders, Inc. v. IMPCO TECHNOLOGIES, INC.
Opinion
Opinion
Moore, J.
Impco Technologies, Inc. (Impco) appeals from an order vacating a previous order that the matter should proceed to binding arbitration. Impco argues there was a stipulation signed by the attorneys after each received its client’s authorization. Respondent CPI Builders, Inc. (CPI) claims that it withdrew its consent to its attorney to enter into binding arbitration, and the court properly refused to order arbitration. Because CPI’s withdrawal of consent was not communicated to Impco before Impco accepted the offer, we conclude there is a binding contract to arbitrate and, accordingly, reverse.
I
Facts
On July 10, 1998, CPI brought suit against Impco, alleging breach of contract and intentional and negligent misrepresentation involving a construction project. CPI was represented by Attorney Marvin D. Mayer (Mayer). On September 14, 1998, the law firm of Seyfarth, Shaw, Fair-weather & Geraldson (Seyfarth) filed Impco’s answer. Impco’s first amended cross-complaint and CPI’s general denial followed.
There were some discussions between the attorneys regarding mediating or arbitrating the case. On September 8, 1999, Seyfarth wrote to inquire whether Mayer was proposing…