Zatkin

*758 Opinion

In this matter we hold that the trial court erred in dismissing appellant’s action as a sanction for appellant’s misuse of the arbitration system.

Summary of Case

Appellant Allen M. Zatkin filed a complaint for personal injuries and property damages against respondent Frank R. Cesare. After respondent answered, appellant acknowledged that his claim was less than $25,000 by electing to arbitrate the matter pursuant to California Rules of Court, rule 1600(b). Thereafter, appellant filed a motion for relief from election to arbitrate. Appellant based the motion upon an assertion that damages for his loss of earnings might necessitate a judgment in excess of $25,000. Appellant’s motion was denied without prejudice.

Appellant demanded $25,000 to resolve the matter. Respondent offered $15,000 as complete settlement of appellant’s claim. Respondent admitted liability but the parties could not reach an agreement as to damages. The matter proceeded to arbitration at which time appellant’s presentation of evidence included medical records and reports, police report, photographs, and oral testimony. Appellant waived his claim for loss of earnings and did not present any…