Weber

This appeal involves an interpretation of the 1978 law governing mandatory judicial arbitration (Code Civ. Proc., §§ 1141.10-1141.32; Cal. Rules of Court, rules 1600-1617). The issue presented is whether it was proper in this case for the court, in a trial de novo following an arbitration proceeding, to adopt the arbitrator’s findings as its own findings of fact.

Facts

In March of 1972, appellant Arnold Kessler and respondent Imogene Weber entered into an oral agreement whereby Weber was to decorate an apartment in Marina del Rey. This dispute concerns the amount of the “markup” that Weber would charge on furnishings purchased for the apartment. Weber claims she told Kessler that her markup would be her “standard” rate, which in some cases turned out to be over 200 percent; Kessler claims he agreed to only a 15 percent markup. This resulted in a disagreement over the amount due (although Kessler was apparently satisfied with the quality of the decorating). Weber submitted invoices totaling $29,837.10. Kessler paid $21,246.75, leaving a difference of $8,590.35.

The stalemate continued until October of 1975, when Weber filed suit to recover the difference between the…