Ehrhart & Associates, Inc. v. Superior Court

ASHBURN, J., Dissenting.

I regret my inability to concur in the instant opinion of the majority.

Petitioner contracted to build for Valley Nitrogen Producers, Inc. (real party in interest) an ammonium sulphate plant in Fresno County. The contract contained an arbitration clause and, disputes having arisen, each party named an arbitrator. Upon the failure of these arbitrators to name a third, as provided in the contract, petitioner filed proceedings in Los Angeles County pursuant to sections 1282 and 1283, Code of Civil Procedure, to have an arbitrator appointed and to order arbitration to…