Gravillis

Gravillis v. Coldwell Banker Residential Brokerage Co.

Good Law
106 Cal. Rptr. 3d 70·182 Cal. App. 4th 503·2010 Cal. App. LEXIS 244
Court of Appeal of CaliforniaFebruary 26, 2010B216373California6,556 words

Opinion

Opinion

Mallano, J.

Plaintiff bought a home using a standard form California purchase agreement requiring the arbitration of disputes arising out of the agreement. Before plaintiff moved into the home, he learned that extensive structural damage had rendered it uninhabitable.

Plaintiff filed this action against his brokers for failing to disclose the structural damage. The brokers moved to compel arbitration. After an interim appeal, the motion was granted.

The arbitrator found in plaintiff’s favor and awarded him damages and costs. Plaintiff petitioned to confirm the award. The brokers petitioned to vacate it. The trial court confirmed the award and entered judgment accordingly.

On appeal, the brokers contend that the arbitrator made several errors of law and that the parties’ arbitration agreement provides for an expanded scope of judicial review. More specifically, the brokers argue that the arbitrator’s errors of law are subject to review on the merits because the arbitration agreement requires the arbitrator to render an award in accordance with California substantive law. We conclude that, because the arbitration agreement does not explicitly and unambiguously provide for an…

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