Liebhaber

Royal Alliance Associates, Inc. v. Liebhaber

Good Law
2 Cal. App. 5th 1092·2016 Cal. App. LEXIS 724·206 Cal. Rptr. 3d 805
Court of Appeal of CaliforniaAugust 30, 2016B264619California6,289 words

Opinion

Opinion

Collins, J.

—Appellant Royal Alliance Associates, Inc., a securities brokerage firm, petitioned to confirm an arbitration award recommending ex-pungement of an allegation of misconduct from the record of one of its employees, Kathleen J. Tarr. The individual who made the allegation of misconduct, Sandra Liebhaber, petitioned to vacate the same arbitration award. Liebhaber argued that the arbitrators violated the rules applicable to the arbitration and refused to hear evidence she sought to introduce and cross-examination she sought to elicit. The Financial Industry Regulatory Authority, Inc. (FINRA), under whose auspices and rules the arbitration at issue was performed, also petitioned to vacate the award on similar grounds.

The trial court denied Royal Alliance’s petition to confirm the award and granted Liebhaber’s and FINRA’s pehtions to vacate, ruling that the arbitrators exceeded their powers and that Liebhaber’s rights were substantially prejudiced by the arbitrators’ misconduct and refusal to hear material evidence. Royal Alliance appealed, and we affirm. The arbitrators denied Liebhaber a full and fair opportunity to introduce and challenge evidence material to the…

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