Genovia

In this appeal we consider the propriety of the judgment of dismissal of a personal injury action, granted on motion of defendant/respondent, following an arbitration proceeding in which the plaintiffs/appellants had requested and obtained from the arbitrator the entry of an award for respondent, with intent to avoid submission of their claims for determination by the arbitrator.

I. The Background

Albert Genovia, acting for himself and as guardian ad litem for Justin Ahrenkiel (appellants), brought this action for damages for alleged personal injuries sustained in an automobile collision in Daly City, against Patrick Henry Cassidy (respondent).

At the prearbitration settlement and setting conference, the court determined that the case was one in which damages would not exceed $15,000 for each plaintiff and ordered that it be submitted to arbitration pursuant to Code of Civil Procedure section 1141.11, subdivision (a). An arbitrator was appointed and the date for the hearing was set for September 10, 1980.

On that date, the arbitrator convened the arbitration session and counsel for plaintiffs and defendant were present. Neither of the two plaintiffs nor defendant…