Tip From Appellate Justices: Address The Basis Of The Trial Court’s Ruling When You Appeal. The trial court sustained a demurrer of respondent Sabet to appellant Kavandi’s first amended cross-complaint, without leave to amend, leading to this appeal. Sabet v. Kavandi, No. G050886 (4/3 May 23, 2016) (Bedsworth, Aronson, Thompson) (unpublished). Unfortunately for appellant, […]
Rule For Arbitration Awards Is Different From Rule For Judgments In North Beach Partners, LLC v. Sollner, A139893 (1/4 July 27, 2015) (Rivera, Ruvolo, Reardon) (unpublished), a hotly contested real estate dispute, the superior court granted a motion to amend a judgment and add additional judgment debtors as alter egos of North Beach Partners […]
“Manifest Disregard Of The Law” Federal Standard For Vacating Award Worked To Employee’s Advantage Here. Our next case involves arbitration issues addressed in three forums: a Labor Management Committee, state courts, and federal district court. Plaintiff/Petitioner Wawock petitioned for a writ of mandate, seeking an order directing the superior court to deny defendant CSI’s […]
The Context: Arbitral Award Against LLC, Jury Trial Against Members Of LLC. Following a default prove-up, plaintiff listing broker CB Richard Ellis, Inc. obtained a substantial arbitral award from an LLC owing CBRE a commission for the sale of real property. Because the LLC had no assets, CBRE then sued the individual members of […]
An Exercise In Drawing Bright Lines Home seller Reagan Silber sought indemnification from subcontractors after rather decisively losing an arbitration with a home buyer, who discovered extensive and undisclosed water intrusion in the Bel Air home. “The groundskeeper recalled that, on one occasion, Silber had joked to him that the house was worth […]
Court of Appeal Says It Would Have Been Futile To Seek Reversal Earlier In Phillips v. Sprint, Case No. A134371 (First Dist. Div. 3 Sept. 26, 2012) (Pollak, J., author) (published), the Court of Appeal considered a situation in which the trial court denied a request to arbitrate in 2006 in a consumer class […]
Settlement Provision Conferred Limited Authority On Arbitrator to Amend Settlement Agreement to Make It Enforceable A cleverly drafted settlement provision, which had implications for the res judicata effect of an arbitration award, and for the confidentiality of mediation, is the reason this next case earns a blawg post. The underlying dispute was a […]
Court of Appeal Borrows Reasoning From Collateral Estoppel Effect Of Arbitration On Third Party The Wus (Sellers) sold an apartment building to the Sobel Family Trust (Buyer). Buyer sued Seller for failure to disclose material defects in the 75 year old building, and obtained an award in arbitration that Sellers paid. Sellers followed […]
Attorney, Who Was Not an “Arbitral Party”, Could Not Take Advantage of Arbitrator’s Findings Shumake v. Mirisola, Case No. B227383 (2nd Dist. Div. 2 March 5, 2012) (Boren, P.J.) (not certified for publication), is a good reminder of an elementary, but useful point, concerning arbitration. If you want to take advantage of the […]