Woodard

Plaintiffs and appellants Perry Woodard and Lenda Woodard (the Woodards) appeal the judgment confirming an arbitration award following arbitration with defendants and respondents, Southern California Permanente Medical Group and Peter B. Fischer, M.D. (SCPMG).

The superior court properly refused to correct the arbitration award to add costs of suit allowed by Code of Civil Procedure section 998 and interest pursuant to Civil Code section 3291 when the court confirmed the award. Those sections do not apply to arbitration, and assuming they did, mere arbitrator error in interpreting them does not constitute an act in excess of authority so as to enable the superior court to entertain a petition to correct the award without disturbing its merits. The superior court judgment is therefore affirmed.

Procedural and Factual Background

In February 1981, the Woodards filed an action for wrongful death and negligent infliction of emotional distress against SCPMG. As the Woodards were members of a Kaiser health plan group, the matter was ordered by the superior court in August 1981, to be arbitrated pursuant to a Kaiser Foundation Health Plan Group Medical and Hospital Service…