Tarver

INTRODUCTION

Plaintiff and appellant Charles Winston Tarver filed the present action against Roger Zapata, So Cal Realty & Loans, Inc. (So Cal Realty), Martha Zapata, and R&R Sales Enterprises, Inc. (R&R Sales) (collectively, defendants) alleging, among other things, breach of an agreement for the purchase of real estate. The parties stipulated that the matter should be resolved through binding arbitration, as required under the purchase agreement. More than five years after the matter was sent to arbitration, defendants moved to dismiss Tarver’s case for lack of diligent prosecution under Code of Civil Procedure1 sections 583.310 and 583.360. The arbitrator dismissed the case. The trial court confirmed the award and entered judgment in favor of Roger Zapata and So Cal Realty. Tarver appeals, arguing exclusively that the arbitrator erred in granting defendants’ motion to dismiss. Martha Zapata and R&R Sales also appeal and ask us to correct the judgment to include them. Arbitration awards are entitled to substantial deference by our courts and as a general matter, the courts of appeal do not vacate an arbitration award, even if plain errors of fact or law appear on the face of…