Pyles v. American Arbitration Assn.
In this consolidated appeal, Patrick Pyles (Pyles) challenges an order and a judgment entered in two separate but related actions. Both of those actions arise out of a subcontract agreement whereby Pyles agreed to perform lath and plaster work on a construction project for which Shook Building Systems, Inc. (Shook) was general contractor. In case No. E039941, Pyles contests an order of dismissal entered after the trial court sustained, without leave to amend, demurrers of American Arbitration Association (AAA) and its assigned arbitrator, Edward J. Costello, Jr. (Costello), to Pyless complaint seeking to enjoin AAA and Costello from proceeding with arbitration of his dispute with Shooka dispute which Pyles insists was not subject to arbitration. In case No. E040730, Pyles challenges a judgment confirming the award entered in Shooks favor after arbitration was allowed to proceed, again contending there never was a contract to arbitrate the underlying dispute.
The dispositive issue in both appeals is whether Pyles, as an individual doing business as Sterling Plastering Company, entered into a valid enforceable subcontract agreement with Shook providing for arbitration of any claim or controversy arising therefrom. Court conclude that there was an enforceable contract, that the arbitration was properly conducted, that judgment was lawfully entered, and that Pyless various arguments to the contrary are meritless.
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