Tung

Tung v. Cal. Mortgage and Realty CA1/4

Good Law
Court of Appeal of CaliforniaMarch 30, 2015A140659California6,968 words

Opinion

Opinion

I.

INTRODUCTION

John Le Tung appeals a judgment confirming an arbitration award in favor of California Mortgage and Realty, Inc. The arbitrator denied appellant relief on his claims against respondent arising out of a 2005 construction loan. Appellant contends the judgment must be reversed because (1) the trial court erred by compelling him to submit his claims against respondent to arbitration; and (2) the arbitrator committed misconduct. We affirm.

II.

STATEMENT OF FACTS

A. Background In 2001, appellant commenced a development project at commercial property he owned on 12th Street in Oakland, California (the 12th Street property). Appellant obtained financing for his project from Roger and Loretta Woo. The Woos were later

1 named as defendants in this case, but their involvement with appellant is not relevant to the arbitration award that is the subject of this appeal. In the fall of 2005, appellant needed a new source of funding to complete his construction project and employed a mortgage broker, Executive Mortgage, to help him secure that funding. Acting on the advice of his broker, appellant transferred his 12th Street property to Saigon Plaza Associates, LLC, a limited…

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