Herman Feil, Inc. v. Design Center

Petition to confirm an arbitration award (Code of Civ. Proc., § 1285). Petitioner, The Design Center of Los Angeles (hereinafter Design Center) sought confirmation of an arbitration award of $256,489 against respondent Herman Feil, Inc. The arbitrator had awarded $156,863 in general damages to Design Center for Feil’s breach of a lease, $87,500 for attorney fees and $12,126 for costs.

Respondent opposed the petition and sought to vacate the arbitration award, contending that its claim of fraud in the inducement of the arbitration provision in the lease should have been determined judicially prior to arbitration but was not, and further argued that the arbitrator failed to determine all of the issues submitted at the arbitration. After hearing respondent’s oral argument, the trial court took the matter under submission, *1410 and then granted respondent’s petition to vacate the arbitration award while denying Design Center’s petition for confirmation. Petitioner sought reconsideration; after hearing, reconsideration was denied.

Petitioner appealed to this court. The parties elected to proceed by appendices in lieu of a clerk’s transcript, as permitted by California Rules…