Burch v. Premier Homes

Opinion

CROSKEY, J.

In this case, plaintiff and respondent, Cynthia L. Burch, filed a complaint for damages arising out of alleged construction defects. After she filed that complaint, defendants and appellants1 moved to compel arbitration of her claims and now seek reversal of the trial court’s order denying that motion.2 The trial court concluded that the arbitration clause in the agreement between Burch and defendants was susceptible to conflicting interpretations with respect to its scope. The court therefore solicited, received and considered extrinsic evidence with respect to the intent…