Sanker

Defendant Brown appeals from an order denying his motion to vacate the arbitration award in favor of plaintiff Sanker. We reverse and remand with directions.

Facts and Proceedings Below

Larry Brown and Patricia Sanker purchased a residence in joint tenancy. They were never married but they lived together as man and wife for a short time and made the residence their home. After they separated, Sanker filed suit seeking a partition sale of the residence. Brown cross-complained for a declaration of a resulting trust in the property.

Notice of arbitration conference was sent to plaintiff pursuant to section 1141.10 et seq. of the Code of Civil Procedure and rule 1600 et seq. of the California Rules of Court. The parties, through their respective counsel, responded to this notice by filing a stipulation re arbitration in which they stipulated the case would be arbitrated in accordance with rule 1600 et seq. The stipulation also contained a provision in which the parties waived their right to a trial de novo. (See § 1141.20 and rule 1616.)

An arbitration hearing was held resulting in an award of judgment in favor of Sanker directing Brown to sell the property and share the…