Marsch

Marsch v. Williams

Bad Law
1994 Cal. App. LEXIS 222·23 Cal. App. 4th 238·28 Cal. Rptr. 2d 402·94 Daily Journal DAR 3399·94 Cal. Daily Op. Serv. 1875
Court of Appeal of CaliforniaMarch 15, 1994D017954California4,166 words

Opinion

Opinion

Benke, J.

In this appeal, plaintiff Nicolas Marsch III appeals a judgment confirming an arbitration award. The award was made by an arbitration panel (Panel) at the conclusion of an arbitration proceeding between Marsch and defendant Ronald Williams, both of whom are partners in the Horizon Properties general partnership. The award appointed one of the Panel members as receiver to oversee the dissolution of the partnership and the sale of the partnership property. Marsch contends: (1) the award should be vacated because the Panel exceeded its powers by failing to apply California law to the dispute; and (2) the award should be corrected to require that the receiver be sworn and bonded as mandated by Code of Civil Procedure section 567. For the reasons set forth below, we affirm the judgment in part, reverse in part and remand with instructions.

Factual Background

Horizon

In January 1985 Marsch formed a California corporation called New Horizon Group, Inc. (New Horizon), and purchased a 400-acre parcel of land in Rancho Santa Fe California for $11.4 million. Additional purchases by New Horizon and its successor increased the size of the parcel to 541 acres. Marsch planned to…

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