Fininen

Fininen v. Barlow

Caution

142 Cal. App. 4th 185·2006 Cal. App. LEXIS 1276·2006 Daily Journal DAR 11153·47 Cal. Rptr. 3d 687·2006 Cal. Daily Op. Serv. 7815

Court of Appeal of CaliforniaAugust 22, 2006B183709California1,744 words

Opinion

Coffee, J.

Mark Barlow appeals from the judgment confirming the arbitration award in favor of respondents Rick Fininen, Kris Fininen, Greg Dotson, Dianne Dotson and Lori Foster. Before respondents filed this action, Barlow settled another case at the recommendation of Craig McCollum, the mediator. Barlow and respondents subsequently agreed that McCollum should serve as the arbitrator of this action. Barlow contends that Code of Civil Procedure section 1286.2, subdivision (a)(6) compelled the trial court to vacate the arbitration award because McCollum failed to disclose his involvement in Barlow’s earlier case, as required by section 1281.9, subdivision (a). We affirm.

FACTUAL AND PROCEDURAL HISTORY

Barlow does business as Creative Solutions, designing and performing residential remodeling projects. In 2000, 2001 and 2002, respondents hired Barlow to work on their homes in Paso Robles, Nipomo and San Luis Obispo.

Barlow filed a case entitled Barlow v. Young in the Santa Maria Branch of the Santa Barbara Superior Court (case No. 1089751) in May 2002. Barlow v. Young “involved allegations of construction defects similar to [respondents’] case” and was settled in mediation. Barlow…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.