Weisbach

La Serena Properties, LLC v. Weisbach

Good Law
112 Cal. Rptr. 3d 597·186 Cal. App. 4th 893·2010 Cal. App. LEXIS 1145·69 A.L.R. 6th 775
Court of Appeal of CaliforniaJuly 15, 2010A126283California5,245 words

Opinion

Opinion

Ruvolo, J.

I.

INTRODUCTION

Plaintiffs La Serena Properties, LLC, Casa Margaritaville, Inc., and Steven Yates (appellants) appeal from a judgment entered after the trial court sustained the demurrers of defendants Gerald Weisbach (Weisbach) and the American Arbitration Association (AAA) (collectively, respondents) without leave to amend. Appellants sued respondents for damages, as well as other relief, alleging five separate causes of action, all of which arise out of the alleged failure of arbitrator Weisbach to disclose a certain conflict of interest during the appointment process.

We agree with the trial court that the alleged claims of misconduct, no matter how pleaded, all arise out of the conflict of interest disclosure procedure that is integrally part of the arbitration process. Thus, respondents are protected from liability by the common law arbitral immunity for quasi-judicial acts. Accordingly, we affirm the judgment.

n.

FACTUAL AND PROCEDURAL BACKGROUNDS

When considering an appeal from a judgment entered after the trial court sustained a demurrer without leave to amend, we “accept as true all well-pleaded facts in the complaint and give a reasonable construction to…

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