Ikerd

Ikerd v. Warren T. Merrill & Sons

Good Law
12 Cal. Rptr. 2d 398·1992 Cal. App. LEXIS 1193·9 Cal. App. 4th 1833·92 Daily Journal DAR 13729·92 Cal. Daily Op. Serv. 8392
Court of Appeal of CaliforniaOctober 6, 1992B059236California4,235 words

Opinion

Opinion

Croskey, J.

In this case, the trial court, before finally signing a judgment confirming an arbitration award, modified the designation of the party against whom the award was made, from an individual to a corporation. The appellant, Lloyd Ikerd (Ikerd), appeals from such corrected judgment which modified the award so that it was only against respondent Warren T. Merrill & Sons, Inc. (WTMS), and not against Warren T. Merrill (Merrill), individually. The sole ground for the court’s ruling was that there was never any personal jurisdiction over Merrill.

As we are satisfied that this record does not provide any factual or legal basis for the assertion by the arbitrator of personal jurisdiction over Merrill, the trial court’s judgment of correcting and then confirming the award should be affirmed.

Factual and Procedural Background

There is no essential dispute as to the operative facts, and the parties are in practical agreement as to the dispositive issue.

This case arises from one of three construction contracts entered into on September 23, 1985. For reasons not relevant to the issue before us, these contracts bore different execution dates. The contract with which we are concerned…

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