Singerlewak, LLP v. Gantman CA2/8

SingerLewak LLP appeals from a trial court order denying its petition to confirm an arbitration award. The arbitrator determined a non-compete agreement Andrew Gantman signed as a partner in SingerLewak was enforceable. The trial court concluded judicial review of the arbitration award was required and vacated the award. After a de novo review, the trial court found the non-compete agreement was unenforceable under California law. We conclude the general rule prohibiting review of an arbitration award applied in this case. We therefore reverse the trial court order.

FACTUAL AND PROCEDURAL BACKGROUND

The relevant underlying facts are largely undisputed. SingerLewak is an accounting firm. In 2007, Gantman became a partner in the firm; he had previously worked for the firm as an employee. In 2011, Gantman withdrew or was terminated from the partnership. Upon admission to the partnership, Gantman had agreed to be bound by the partnership agreement which contained the following provision (Paragraph 21A):

“In the event that a Withdrawing, Retired, Terminated, or Removed Partner breaches any of the covenants contained herein or is terminated by reason of default... or…