California Mediation and Arbitration

Category: Arbitration: Section 1286.2 Vacatur

Arbitration, Vacatur, Public Policy: Second Dist., Div. 6 Holds Arbitrator Award Violated Public Policy in HOA/Developer Dispute

February 7, 2020 · Arbitration: Homeowners, Arbitration: Public Policy, Arbitration: Section 1286.2 Vacatur, Arbitration: Unconscionability

And Now There Is A Split Between The 4th District, Div. 3, And The 2nd District, Div. 2.           In Branches Neighborhood Corp. v. CalAtlantic Group, Inc., 26 Cal.App.5th 743 (2018), a homeowner's association began a construction defects arbitration with a developer without first getting a vote of 51% of its […]

Arbitration, FAA, Vacatur: Sixth District Holds FAA Preempts Argument That Arbitration Is Incompatible With Following Commercial Code Sections Governing Wire Transfers

November 13, 2019 · Arbitration: Federal Arbitration Act, Arbitration: Section 1286.2 Vacatur

Plaintiff/Appellant Unsuccessfully Argued Following California Commercial Code Required Legal Proceeding, Not Arbitration.     Plaintiff/Appellant Prima Donna Development Corporation appealed from a judgment confirming an arbitration award in favor of Wells Fargo Bank, N.A., and challenged an order compelling arbitration and denying its motion to vacate the award. Prima Donna Development Corporation v. Wells Fargo […]

Arbitration, FAA, Standard of Review: 9th Circuit Agrees With District Court That Arbitrator’s Award Was “Irrational”

January 29, 2019 · Arbitration: Federal Arbitration Act, Arbitration: Section 1286.2 Vacatur, Arbitration: Standard of Review

"We have become an arbitration nation," says the Court.     The 9th Circuit affirmed the district court's order vacating an arbitration award under the Federal Arbitration Act, concluding that the arbitrator acted beyond his powers, rendering an award that was "irrational", failing to "draw the essence of the award" from subcontracts. Aspic Engineering and Construction […]

Arbitration, Powers, Public Policy, Vacatur: Arbitrator Who Found HOA Failed To Follow Pre-Litigation Requirements In CC&Rs Did Not Exceed His Powers

August 27, 2018 · Arbitration: Public Policy, Arbitration: Section 1286.2 Vacatur

Arbitrator Did Not Exceed Powers By Abridging An Unwaivable Statutory Right Or Policy.     One of the grounds for a court to vacate an arbitrator's award is that the arbitrator exceeded his or her powers.  See Code of Civ. Proc. section 1286.2(a)(4). And arbitrators may exceed their powers by issuing an award that violates a party's […]

Arbitration, Appealability, Jurisdiction: Order Denying Petition To Vacate Award Is Appealable As Order Dismissing Petition — But The Trial Court Properly Dismissed Petition To Vacate “Partial Interim Award” For Lack Of Jurisdiction

August 21, 2018 · Arbitration: Appealability, Arbitration: Employment, Arbitration: Jurisdiction, Arbitration: Section 1286.2 Vacatur

"Partial Final Award" Did Not Constitute An Award Immediately Reviewable By Superior Court.     Maplebear, Inc. v. Donna Busick, No. A151677 (1/2  8/21/18) affirms the trial court's order dismissing Maplebear's (Instacart's) petition to vacate an award, which award was dismissed for lack of jurisdiction. Instacart is a same-day grocery delivery service, and the dispute […]

Arbitration: Disclosures, Section 1286.2 (Vacatur): 2/7 DCA Orders Vacatur Of Adverse Award Against Plaintiff/Claimant Because Arbitrator Had Actual Awareness Of And Failed To Disclose Other Pending Arbitrations Involving Defendant/Respondent

August 4, 2018 · Arbitration: Disclosures, Arbitration: Section 1286.2 Vacatur

Plaintiff Waived Vacatur Right As To Ethics Standard 12(b), But Did Not Waive Rights To Vacate Based On Arbitrator’s Failure To Make Required Disclosures Under Ethics Standard 7(d).             Here is the ending quotation before the “Disposition” paragraph in Honeycutt v. JPMorgan Chase Bank, N.A., Case No. B281982 (2d Dist., Div. 7 Aug. 2, 2018) […]

Fees, Section 1286.2 Vacatur: Recent 2/1 DCA Unpublished Opinion Is A Stark Reminder To Raise Fees And Costs Issue To An Arbitrator Before A Final Award Is Issued

May 17, 2018 · Arbitration: Fees, Arbitration: Section 1286.2 Vacatur

Otherwise, Fees/Costs Recovery Could Be Forfeited; Best Is To Ask For An Interim Award On Merits And Reserve Other Issues For Later Interim Award.             The next case really is a stark reminder to litigators to make sure an arbitrator reserves fees and costs issues for decision in a subsequent interim award after an interim […]

Vacatur: Effort To Set Aside Arbitration Award For Arbitrator’s Failure To Consider An Issue Fails

February 7, 2018 · Arbitration: Section 1286.2 Vacatur

The Case Includes Good Discussion Of What Constitutes A Judicial Admission.         With narrow exceptions, an arbitrator's decision cannot be reviewed for errors of fact or law.  One such exception, which was invoked by the Appellant in Shenoi Koes LLP v. Bank of America, et al., B281756 (2/4  1/31/18) (Willhite, Epstein Manella) (unpublished) is […]

Deadlines: Appellant Forfeited Ability To Challenge Judgment Confirming Arbitration Award Based On Lack Of Jurisdiction By Permitting The Arbitration To Proceed Without Objection

January 24, 2018 · Arbitration: Deadlines, Arbitration: Section 1286.2 Vacatur

How Long You Can Wait To Challenge A Judgment Confirming Arbitration Award Depends On Whether Court Compelled Participation In The Arbitration, Or Whether You Simply Allowed The Arbitration To Proceed Without Objection.          Appellant waited more than seven years to attack a superior court judgment confirming an arbitration award in FIA Card Services, N.A. […]