Lang

Lang v. Badger

Good Law
157 Cal. App. 2d 345·1958 Cal. App. LEXIS 2246·320 P.2d 906
Court of Appeal of CaliforniaFebruary 3, 1958Civ. 22427California1,910 words

Opinion

Opinion

Herndon, J.

This appeal is taken from an order confirming an arbitration award. Appellants challenge the validity of the award upon two grounds: (1) That the arbitrators failed to give notice of their hearings to the parties or their attorneys; (2) that the arbitrators exceeded their powers in setting aside a release given to appellants by respondent.

The factual issues were submitted to the trial court upon affidavits. Our review, therefore, is governed by the rule that the affidavits favoring the contentions of the prevailing party establish not only the facts therein expressly stated, but also all facts which reasonably may be inferred therefrom. And when the evidence is conflicting it will be presumed that the trial court found every fact necessary to support its order that the evidence would justify. (Griffith Co. v. San Diego College for Women, 45 Cal.2d 501, 507, 508 [ 289 P.2d 476 , 47 A.L.R.2d 1349 ].)

Viewed in this light, the record before us furnishes ample support for the implied findings of the trial court upon which the order under review presumably was made. We shall state the operative facts chronologically.

The arbitration was conducted pursuant to the provisions of a…

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