Goodwin

Filed 1/5/22 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

MARK GOODWIN,

A160909

Plaintiff and Appellant, (Alameda County v. Super. Ct. No. RG17855144)

COMERICA BANK, N.A., ORDER MODIFYING OPINION

AND DENYING REHEARING;

Defendant and Respondent. NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on December 15, 2021, be modified as follows:

On page 16, line 6, after the words “Goodwin’s petition to confirm the award,” add as footnote 10 the following footnote,

10 To the extent Comerica suggests that the arbitrator’s misleading description of the Hernandez resolution was an affirmative misrepresentation independently bringing his impartiality into question and requiring his disqualification, the same analysis applies. Comerica learned the correct facts prior to submitting its opposition to Goodwin’s fee motion and failed to raise the issue until after the arbitrator ruled on the motion, thereby forfeiting the issue.

There is no change in the…