Cinel

Cinel v. Christopher

Bad Law
136 Cal. Rptr. 3d 763·2012 Cal. App. LEXIS 144·203 Cal. App. 4th 759
Court of Appeal of CaliforniaJanuary 20, 2012No. B231679California3,806 words

Opinion

Lead Opinion

Johnson, J.

Richard Christopher (Christopher) appeals from an order denying his petition to confirm an arbitration award. The matter went to arbitration pursuant to an underlying contract between plaintiff Washington Umberto Cinel (Cinel) and defendant Christopher and five other defendants, but several of the defendants refused to pay the arbitrator’s fee, and the arbitrator terminated the arbitration. The trial court refused to confirm the arbitrator’s decision, finding it was not an “award” and denied Christopher’s petition. Christopher contends the trial court’s refusal to confirm the arbitrator’s award constituted an impermissible interference with the arbitrator’s jurisdiction to decide all issues, and because no grounds existed to vacate the award, the only choice available to the trial court was to confirm the award and dismiss the proceeding. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

1. Arbitration Proceedings and Termination of Arbitration.

In December 2006, Cinel, a Brazilian citizen, agreed to purchase 600,000 shares of preferred stock from Good News Holdings, LLC (GNH), for total consideration of $3 million, pursuant to a written “Supplemental Agreement.”…

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