Cinel

Cinel v. Barna

Good Law
142 Cal. Rptr. 3d 329·2012 Cal. App. LEXIS 706·206 Cal. App. 4th 1383·2012 WL 2161577
Court of Appeal of CaliforniaMay 18, 2012No. B232380California2,821 words

Opinion

Lead Opinion

Johnson, J.

Defendant George Bama appeals from the trial court’s denial of his petition to compel arbitration. Previously, in Cinel v. Christopher (2012) 203 Cal.App.4th 759 [ 136 Cal.Rptr.3d 763 ], we affirmed the trial *1386 court’s order refusing to confirm as an “award” the arbitrator’s termination of the action for nonpayment of fees of several of the defendants. Bama returned to the trial court to compel arbitration, arguing he had paid his fees. On appeal, Bama argues the trial court erred because it had already determined a valid arbitration agreement existed, and he has not waived or revoked the agreement to arbitrate under Code of Civil Procedure section 1281.2; 1 furthermore, by terminating the arbitration for nonpayment, the panel did not disclaim jurisdiction over the matter. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

1. Termination of Arbitration for Nonpayment of Fees

In December 2006, Cinel, a Brazilian citizen, agreed to purchase 600,000 shares of preferred stock from Good News Holdings, LLC (GNH), for total consideration of $3 million, pursuant to a written “Supplemental Agreement.” GNH was formed to create and distribute Christian faith-based and…

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