Christensen

Christensen v. Smith

Good Law
171 Cal. App. 4th 931
Court of Appeal of CaliforniaFebruary 27, 2009G039923. No. G040103California2,317 words

Opinion

Opinion

Aronson, J.

Ted E. Christensen and his wife, Eve L. Christensen, appeal from a judgment denying their petition to vacate or correct an arbitration award in favor of William W. Smith, Jr., and granting Smith’s petition to confirm the award. The Christensens contend the arbitrator made errors of law that are reviewable on appeal and that the trial court erred by failing to vacate the award because the arbitrator was biased. In the published portion of this opinion, we conclude the terms of the parties’ arbitration agreement do not provide for appellate review of legal errors a party later claims the arbitrator made. In the unpublished portion of the opinion, we explain the Christensens’ bias contention is without merit. We therefore affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND

Smith bought the Christensens’ home on Harbor Island in Newport Beach in November 2004 for $8,350,000. After Smith moved in, he received a letter from the city informing him the home’s second dock, apparently running along the property line, actually belonged to his neighbor and would be tom down. The parties submitted the issue of whether the Christensens failed to disclose to Smith the true…

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