Elliott & Ten Eyck Partnership v. City of Long Beach

A dispute arose between parties to a contract. Each sued the other. The contract had a dispute resolution provision, applicable to this dispute, by which each side would choose an expert, the two selected would choose a third, and the three would resolve the issue. The parties’ dispute ripened into litigation: A complaint and cross-complaint were filed. After these had pended in court for some time (with an unsuccessful effort to utilize the arbitration provision), the supervising judge suggested a solution. It was that the parties agree to have a sitting judge in the judicial district, of their choice, hear and decide the case as an arbitrator, rendering a final decision not subject to appeal. Both sides agreed to that approach, and readily agreed on the judge to whom the case would be tried. It was tried before that judge in windows of time occurring over a period of months. He ultimately issued a decision, on court-captioned paper, which he styled “Decision of Arbitrator.” It favored the plaintiffs. The other side, then losing, asked for a “supplemental award,” because many of the issues had not been decided. The judge issued such an award, a supplement, which modified…