Hall

Hall v. SUPERIOR COURT OF CONTRA COSTA CTY.

Good Law
18 Cal. App. 4th 427·1993 Cal. App. LEXIS 890·22 Cal. Rptr. 2d 376·93 Daily Journal DAR 11113·93 Cal. Daily Op. Serv. 6551
Court of Appeal of CaliforniaAugust 30, 1993A059468California4,287 words

Opinion

Opinion

Chin, J.

In Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1 [ 10 Cal.Rptr.2d 183 , 832 P.2d 899 ], the California Supreme Court stated in no uncertain terms that, with limited exceptions, an arbitrator’s decision is not reviewable for errors of fact or law. Purporting to apply two statutory exceptions, the superior court here has vacated an arbitration award because (1) the arbitrator relied upon partnership principles, when the original complaint alleged agency, but not a partnership, and (2) the arbitrator denied a request to reopen to present additional evidence. We conclude that the superior court has misapplied the arbitration statutes. We direct issuance of a writ of mandate.

Practical difficulties arise when superior courts or appellate courts review arbitral proceedings, which are not designed for full judicial review. Instead of a transcript of the arbitration, the parties presented to the superior court and have lodged with us declarations describing the arbitral events. These declarations do not fully explain the arbitration proceedings. Although the parties do not disagree about what happened during arbitration, real party in interest has provided only a sketchy…

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