Creanga v.
Deac
Filed 9/14/10 Creanga v. Deac CA4/2
TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
THE COURT OF APPEAL OF THE STATE OF
APPELLATE DISTRICT
TWO
IOAN
CREANGA,
Plaintiff and Respondent,
v.
FLORIN DEAC,
Defendant and Appellant.
E048998
(Super.Ct.No. CIVHS700171)
OPINION
APPEAL from the Superior Court of San Bernardino
County. Michael M.
Dest, Judge. Affirmed.
Florin L. Deac, in pro. per., for
Defendant and Appellant.
No appearance for Plaintiff and
Respondent.
Plaintiff and respondent Ioan
Creanga (the contractor) filed a mechanics lien action against defendant and
appellant Florin L. Deac (the property owner or the owner). The parties pursued the action via binding arbitration. The trial court confirmed an arbitration
award in favor of the contractor; the property owner has now appealed, urging
that the arbitration award was obtained by fraud. We affirm the judgment.
FACTS
AND PROCEDURAL HISTORY
The property owner and the
contractor apparently had a preexisting relationship: both were Romanian immigrants, and had become
friends. The contractor had done some
contracting work for the owner in the past, on the basis of an hourly rate of
pay. Because the owner did not speak
English, the contractor had often acted as translator and had assisted the
owner in past business transactions. As
a result of their past associations, according to the owner, the contractor
owed the owner approximately $70,000.
The owner owned a lot in Big Bear, California, on which he wanted to construct a
house. The contractor was already
constructing two other homes in the area, and agreed to supervise portions of
the construction of the owner's proposed home for a price of $12,000. The parties supposedly orally agreed that the
contractor could supply materials for the owner's construction to â€
| Description | Plaintiff and respondent Ioan Creanga (the contractor) filed a mechanics lien action against defendant and appellant Florin L. Deac (the property owner or the owner). The parties pursued the action via binding arbitration. The trial court confirmed an arbitration award in favor of the contractor; the property owner has now appealed, urging that the arbitration award was obtained by fraud. Court affirm the judgment. |
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