Patchett

Patchett v. Bergamont Station, LTD.

Good Law

143 Cal. App. 4th 1390·2006 Cal. App. LEXIS 1613·2006 Daily Journal DAR 13953·49 Cal. Rptr. 3d 941·2006 Cal. Daily Op. Serv. 9731

Court of Appeal of CaliforniaOctober 17, 2006B183049California3,174 words

Opinion

Boland, J.

SUMMARY

An arbitrator who issued an award in an initial dispute between the parties did not exceed his powers when, upon one party’s demand for a second arbitration, the arbitrator construed the arbitration agreement as authorizing him to act as the arbitrator for subsequent disputes between the parties. We therefore affirm the trial court’s judgment confirming the second arbitration award.

FACTUAL AND PROCEDURAL BACKGROUND

Bergamot Station, Ltd., appeals from a judgment confirming an arbitration award in favor of Thomas Patchett and denying its cross-petition to vacate the award. The arbitration award at issue occurred in the second arbitration between the parties (July 2004 award). Bergamot Station contends the arbitrator, retired Judge Robert W. Thomas, exceeded his powers because Bergamot Station did not agree to Judge Thomas’s appointment as the arbitrator for the second arbitration, which was initiated shortly after the issuance of his award in the first arbitration (June 2001 award).

Patchett and Wayne Blank were partners in Bergamot Station galleries in Santa Monica. Disputes arose between them, a lawsuit was filed, and a settlement was reached in 1997. Under…

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