A Textbook Example Of How Difficult It Is To Challenge An Arbitration Award. Our next case involved a family dispute in the California wine industry, following the death of the family patriarch. Nickel v. Far Niente Wine Estates, LLC, et al., A150513 (1/1 12/29/17) (unpublished). Affirming the trial court's denial of […]
Same Was The Case If The Arbitrator Awarded Nonrecoverable Costs. Without saying the arbitrator made a mistake, the Court of Appeal explains in Dyna, LLC v. GreatCall, Inc., D071003 (4/1 10/10/17) (McConnell, Haller, O'Rourke) (unpublished), "even if the arbitrator erred by ignoring the res judicata effect of a prior arbitration award or […]
San Francisco Trolley Operator's Writ Petition And Motion To Vacate Go Off The Rails. San Francisco Trolley on Market St. 2012. Carol M. Highsmith, photographer. Library of Congress. Appellant's procedural quagmire is underscored by the following statement of the Court of Appeal: "In a somewhat puzzling argument, appellant contests his own standing to challenge the […]
Agreement Between The Parties That Award Could Be Reviewed For Legal Error Made The Difference. In Harshad & Nasir Corporation v. Global Sign Systems, Inc., and related appeals, B269427, B275942, B275947 (2/2 8/15/17) (Rothschild, Chaney, Lui), the Court of Appeal considered three related appeals of parties fighting over allegedly unpaid invoices amounting to $114,823.72, […]
Even If Oral Listing Agreements Are Generally Forbidden, The Court Adds That The Receipt Of Confidential Information And A Fiduciary Relationship Support The Result. Plaintiff Kalo sued defendant Alam for breach of an oral listing agreement to sell real property, fraud, and breach of fiduciary duty. Kalo alleged that Alam, who was originally retained as […]
Vacating The Award Would Have Required That The Arbitrator Be Actually Aware Of A Ground For Disqualification That The Arbitrator Did Not Disclose. ECC Capital, a former client of Manatt, Phelps & Phillips, LLP (Manatt) appealed from a superior court judgment confirming a final arbitration award of almost $7M against ECC and its subsidiary, […]
Case Is A Reminder That Ordinary Constitutional Guarantees Of Due Process Do Not Automatically Exist In Private Arbitration. The Court of Appeal's summary of the facts in our next case provides a clear sign that it is headed towards a reversal – the interesting part is how it arrives at its destination. Defendant/appellant Stephen Kaplan […]
Arbitrators Allowed One Party To Speak And Did Not Allow Other Side Even A Limited Chance To Do The Same Or To Cross-Examine. One of the raps against arbitration is that arbitration proceedings lack due process. In Royal Alliance Associates, Inc. v. Liebhaber, No. B264619 (2/4 8/30/16) (Collins, Epstein, Manella), the Court of Appeal […]
Arbitrator Made Disclosures “In Abundance of Caution.” One basis for vacating an arbitration award is when the arbitrator’s denial of a postponement results in substantial prejudice. Another basis for vacating an award is when the arbitrator is obligated to disqualify himself and fails to do so. In McElvany, Inc. v. Hassan Ahmadi et […]
Court of Appeal Distinguishes Between Service For Purposes Of Notice And Service For Purposes Of Jurisdiction. Claimants appealed a judgment entered after the trial court granted the petition of insurer GEICO to confirm an award in its favor in an uninsured motorist case where there were questions about coverage. GEICO General Ins. Co. v. […]