Taranow

The above-named parties, in 1975, entered into a written partnership agreement under which they proposed to practice dentistry. As relevant here, the agreement provided:

Thereafter a disagreement arose upon which Dr. Brokstein (the instant defendant and respondent) demanded arbitration of a controversy with, and claim against, Dr. Taranow (the instant plaintiff and appellant) including a claim for reimbursement “for his attorney’s fees,” arising out of the partnership agreement.

An arbitrator was selected and the arbitration was consummated. The award provided that: “Myron Taranow D.D.S., must pay to claimant, Arnold Brokstein, the sum of Fourteen Thousand Six Hundred Dollars ($14,600) [and that] this award is in full settlement of all claims submitted to this arbitration.”

The parties appear to agree that the award included attorneys’ fees of an undetermined amount.

Dr. Taranow thereafter filed in the superior court his petition under “C.C.P. §§ 1285, 1287” to vacate the award. The issue presented was whether the arbitrator had exceeded his jurisdiction in awarding attorney’s fees for services in the arbitration proceedings, under the partnership agreement’s…