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HARPER v. ULTIMO

No. G031671.

7 Cal.Rptr.3d 418 (2003)

113 Cal.App.4th 1402

Laurence H. HARPER et al., Plaintiffs and Respondent, v. Frank ULTIMO et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Three.

December 5, 2003.

Attorney(s) appearing for the Case

Lewis, Brisbois, Brisgaard, & Smith, Edward F. Morrison, Jr., Judd. A Gilefsky, Los Angeles, Jeffry A. Miller, and Catherine D. Morlino, San Diego, for Defendants and Appellants.

Wellman & Warren, Scott W. Wellman, Irvine, Stuart Miller, San Francisco, and Khuong D. Tien for Plaintiffs and Respondents.

OPINION

SILLS, P.J.

I

Laurence and Michaelyn Harper signed two contracts with Frank Ultimo and Ultimo Organization to stabilize the soil and re-level a pool on the Harpers' property. Both contracts were pre-printed. Ultimo rejected the Harpers' attempt to add an "addendum" relating to start and stop dates, integration, and notification. The contracts also contained arbitration provisions, which provided that all controversies under, or related...

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