Berges

I. BACKGROUND

In 2017, the Maniscalcos sold their Santa Monica condominium to Berges. The purchase and sale agreement provided that any dispute between the parties would be settled by binding arbitration. The agreement also provided that the prevailing party in any such arbitration would be entitled to reasonable attorney fees and costs. A year after the sale, Berges, represented by counsel, made a demand for arbitration. She claimed the Maniscalcos failed to disclose a material defect in the condominium, specifically, a leaky bathtub.1 She sought $20,000 in repair costs and $25,000 in legal fees and costs and elected to have the arbitration governed by the Code of Civil Procedure.

1 In the one-page summary accompanying her demand, Berges did not characterize her claim as one for breach of contract or fraudulent misrepresentation.

2 A. The Arbitration Award After Berges failed to respond or serve any objections to various written discovery requests, including requests for admissions, the Maniscalcos (also represented by counsel) moved for evidentiary sanctions and summary judgment. The arbitrator ruled Berges could not present testimony or documents on any subject matter…