Cox

Cox v. Bonni

Good Law
241 Cal. Rptr. 3d 359·30 Cal. App. 5th 287
Court of Appeal of CaliforniaDecember 17, 2018B279476California9,955 words

Opinion

Lead Opinion

Bendix, J.

*363 *293 Plaintiff Lisa Cox (plaintiff) appeals from the judgment confirming an arbitration award in favor of defendant and respondent Aram Bonni, M.D. (defendant), whom she sued for medical malpractice following a hysterectomy. Plaintiff had moved successfully to vacate the award based on the neutral arbitrator's failure timely to disclose his past dealings and ex parte communications with defendant's counsel. Defendant thereafter moved for reconsideration. The arbitrator himself appeared at the hearing on the motion, arguing that plaintiff forfeited any objection to his untimely disclosures by not raising the issue until the arbitration was over, and that he disclosed one of the two challenged ex parte communications in the written award itself. The trial court granted reconsideration based on the arbitrator's arguments and confirmed the award without further briefing or hearing.

Plaintiff raises three challenges on appeal. First, she challenges the trial court's order compelling the parties to arbitrate, arguing that the arbitration agreements did not conform to statutory requirements, that she did not read and understand the agreements when she signed them, and that…

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