Parker

Parker v. McCaw

Good Law
125 Cal. App. 4th 1494·2005 Cal. App. LEXIS 97·2005 Daily Journal DAR 1070·24 Cal. Rptr. 3d 55·2005 Cal. Daily Op. Serv. 765
Court of Appeal of CaliforniaJanuary 27, 2005B167028California4,591 words

Opinion

Opinion

Gilbert, J.

Parties seek a court order to resolve their disputes through two arbitration agreements. One agreement provides for one arbitrator, the other provides for three arbitrators. The trial court determines that the issues to be resolved under the agreements are so intertwined that it orders them consolidated and to be decided by a single arbitrator.

Here we hold, among other things, that the contractual right to three arbitrators is substantial and may not be altered by the court.

Defendants Wendy P. McCaw, Ampersand Holdings, Inc., Ampersand Telecom LLC, and Joseph Cole, trustee of the Stanford Farms Trust, appeal a judgment confirming an arbitration award in favor of Gregory Parker.

This lawsuit concerns Parker’s employment by Ampersand Holdings, Inc., his compensation, and his dismissal from employment. Two written agreements, an employment agreement and a stock incentive agreement, define Parker’s compensation. Each agreement provides for binding arbitration, but the methods of arbitration differ. The trial court ordered the arbitrations consolidated before a single arbitrator, among other things. After eight days of proceedings, the arbitrator awarded nearly $15…

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