Pierson

Lola Pierson appeals from the judgment granting Brian Honda a setoff for sums already paid against an arbitration award. The issue on appeal is whether the trial court acted within its jurisdiction when it applied a setoff against the award. For the reasons set forth below, we conclude the trial court did not have jurisdiction to correct or modify the award and reverse.

Statement of Facts and Proceedings Below

The parties were involved in an automobile accident. Pierson filed suit for damages for personal injuries and property damage. The matter was sent to judicial arbitration pursuant to section 1141.10 (Code Civ. Proc.) and rule 1605 (Cal. Rules of Court) on March 12, 1986. Judgment was rendered in favor of plaintiff Pierson against defendant Honda for $4,263.71.

On April 9, 1986, Honda’s attorney wrote a letter to the arbitrator seeking clarification of the award. In particular he wanted to know whether the arbitration award included compensation for plaintiff’s property damage since plaintiff had submitted to the arbitrator a statement from Fairmount Tire and Rubber Company for $106.27 and an automobile repair estimate for $912.02. Honda’s attorney stated in his…