Pierotti

Hank Torian (Torian) has appealed from a portion of a superior court judgment confirming an arbitration award. In particular, he contends the arbitrator erred by finding that plaintiff Henry Pierotti (Pierotti) [1] was the prevailing party within the meaning of an attorney fees clause, and by awarding fees on the basis of that clause.

As we explain, this is precisely the type of issue our Supreme Court has said we cannot review in an appeal from an order confirming an arbitration award. We also conclude the appeal was frivolous and taken solely for the purpose of delay or harassment, and that Torian's attorneys grossly violated the California Rules of Court in preparing their briefs. We therefore impose sanctions in the amount of $32,000, to be paid one-half by Torian's attorneys and one-half by Torian personally. We also grant relief on Pierotti's cross-appeal by awarding post-arbitration, pre-judgment interest.

Since Torian has not—and indeed cannot [2] —challenge the sufficiency of the evidence in this case, our statement of facts is based on the arbitrator's interim decision.

In the late 1980's, both Torian and Pierotti were car dealers in the City of Fremont.…