Kemper v. Schardt

Opinion

BEACH, J.

Appeal from judgment confirming arbitrator’s award (Code Civ. Proc., § 1294). We affirm.

Facts:

Appellant and respondent entered into a written contract whereby respondent, an architect, agreed to design several single family homes for appellant, a general licensed contractor since 1977. The agreement contained the following arbitration clause: “All disputes between the parties shall be decided by arbitration (AAA).” A dispute arose between the parties regarding payment for services rendered under the contract. Respondent submitted the controversy to arbitration. There were two hearings where both parties appeared. About two months thereafter, the arbitrator rendered his award in favor of respondent and ordering appellant to pay respondent certain sums and to pay arbitration fees.

Appellant petitioned the superior court to vacate the arbitration award on the grounds that the arbitration clause had been included fraudulently and that the

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award was based on erroneous computations.

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He alleged that he was a German native who could speak English but could not read it, that all negotiations between him and respondent had been in German, and that respondent had intentionally failed to inform appellant in German of the existence of the arbitration clause in the written agreement, which was in English. In a sworn declaration, filed in opposition to appellant’s petition to vacate the arbitration award, respondent stated that though he had lived in Germany until the age of 14, some 33 years had passed since then so that his knowledge of German was limited, and that while he and appellant did resort to German words and phrases occasionally during the negotiations, this was the exception rather than the rule, and for the most part the discussions were conducted entirely in English. Respondent further stated in his declaration that prior to the negotiations both appellant and his wife informed respondent that appellant’s wife was a law student who was preparing to take the state bar examination. Thereafter, in May 1981, respondent petitioned the superior court to confirm the arbitration award. The superior court denied appellant’s petition to vacate the arbitration award, and granted respondent’s petition to confirm the award, entering judgment thereon. This appeal by appellant followed.