Valsan Partners Limited Partnership v. Calcor Space Facility, Inc.

Plaintiff and appellant Valsan Partners Limited Partnership (Valsan) appeals from the trial court order denying its petition to compel arbitration with defendant and respondent Calcor Space Facility, Inc. (Calcor). It has also appealed the trial court order purporting to enforce the judgment entered in confirmation of one arbitration award and the order entering judgment after confirmation of another arbitration award. For the reasons set forth below, all three orders and the concomitant judgment are reversed.

Facts and Procedural History

These matters arise from a 1987 contract (the agreement or the contract) between Valsan and Calcor by which Calcor would manufacture and Valsan would buy certain components used to modify commercial aircraft engines (the units). The agreement contemplated the purchase of an initial 200 units at a price of $135,000 each.

The contract included an arbitration clause, which provided that “[a]ll disputes arising out of or relating to this Agreement shall be finally settled by arbitration to be conducted in Los Angeles, California in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered may be…