Partners

Oakland-Alameda County Coliseum Authority v. CC Partners

Good Law
101 Cal. App. 4th 635·124 Cal. Rptr. 2d 363·2002 Cal. App. LEXIS 4563·2002 Daily Journal DAR 9896·2002 Cal. Daily Op. Serv. 7923
Court of Appeal of CaliforniaAugust 27, 2002A094859California4,300 words

Opinion

Opinion

Kay, J.

CC Partners appeals from a judgment confirming an arbitration award. In its opening brief CC Partners contends: (1) It was required to arbitrate a claim expressly excluded from arbitration by the parties’ arbitration agreement; (2) the arbitration agreement is so one-sided as to be unenforceable; and (3) assuming the arbitrator properly heard the claim, he committed errors of law that can be reviewed by this court under the terms of the arbitration agreement. In its reply brief (and in a supplemental brief requested by this court), CC Partners argues the provision in the arbitration agreement allowing judicial review of errors of law renders the arbitration agreement void and unenforceable, based on the recent decision in Crowell v. Downey Community Hospital Foundation (2002) 95 Cal.App.4th 730 [ 115 Cal.Rptr.2d 810 ] (Crowell).

We agree with the arbitrator that the parties’ dispute fell within the scope of their arbitration agreement. Applying the primary holding in Crowell , we will not review the arbitrator’s decision for errors of law. We conclude that the parties’ arbitration agreement is valid and enforceable, except to the extent it provides for judicial review of…

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