Jiang

INTRODUCTION

Annie Jiang and her company, New Home for Me, Inc., filed this action against Inis Ferreira, also known as Tia Berg, Michael Judah, and others for rescission of an agreement to purchase an assisted living facility known as Wilshire Vista Manor and for damages. Jiang alleged that Berg and Judah misrepresented Wilshire Vista Manor’s income and expenses and that Jiang would not have purchased the business had she known it was unprofitable. The trial court granted a motion to compel arbitration based on an arbitration provision in the purchase and sale agreement, and an arbitrator issued an award in favor of Jiang that rescinded the transaction and ordered Berg and Judah to pay Jiang damages and attorneys’ fees. The trial court entered a judgment confirming the arbitration award. Berg contends the trial court erred in confirming the arbitration award because the arbitrator (1) exceeded his powers by amending the arbitration award to allow Jiang to sell Wilshire Vista Manor if Berg and Judah failed to pay her the monetary award within 30 days and (2) erred in refusing to hear evidence in support of Berg’s cross-claims as a penalty for not paying all of the arbitration…