Winograd

Winograd v. American Broadcasting Co.

Bad Law
68 Cal. App. 4th 624·80 Cal. Rptr. 2d 378
Court of Appeal of CaliforniaJanuary 7, 1999B104031California4,630 words

Opinion

Opinion

Zebrowski, J.

This case concerns the interpretation and application of a stipulation entered into orally before the court. The stipulation constituted an agreement to arbitrate, but it intermingled characteristics of both judicial and contractual arbitration. For that reason it was ambiguous, and a dispute over its meaning resulted. The trial court denied plaintiff’s petition to compel arbitration, and plaintiff appeals. (Code Civ. Proc., § 1294 [“An aggrieved party may appeal from . . . HD . . . [a]n order . . . denying a petition to compel arbitration.”].)

The primary issue on appeal is what appellate standard applies to review of the trial court’s construction of the parties’ agreement. The agreement was reflected in a court transcript of an oral conference and interpreted in light of other matters in the court record, the procedural posture of the case, and related factors. The matter was extensively briefed, including additional briefing requested by the court. The authorities show that the determinative question is this: was the trial court’s ruling based on reasonable inferences, supported by substantial evidence? It was, and hence we will affirm.

Factual and Procedural…

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