Sperling

The Supreme Court recently had occasion to consider, in two companion cases, the circumstances under which a court could or could not “correct” an arbitration award. (Moshonov v. Walsh (2000) 22 Cal.4th 771 [ 94 Cal.Rptr.2d 597 , 996 P.2d 699 ] (Moshonov); Moore v. First Bank of San Luis Obisbo (2000) 22 Cal.4th 782 [ 94 Cal.Rptr.2d 603 , 996 P.2d 706 ] (Moore).) An issue not presented in those cases is the one raised in this appeal. We are asked to determine whether an arbitrator may properly modify or amend an award, after it has been issued but before it has been confirmed by the court, on the ground that, due to an inadvertent omission, the arbitrator failed to rule on the expressly submitted issues of the appellant’s claimed right to be awarded interest, costs and attorney fees as the successful party in the arbitration.

The plaintiff and appellant, Century City Medical Plaza (Landlord), sued the defendants and respondents, for breach of an office lease. By stipulation of the parties, the matter was resolved by binding, contractual arbitration. (Code Civ. Proc., § 1280 et seq.) The stipulation specifically provided that, if applicable, interest, attorney fees and…