Condon v. Daland Nissan, Inc., No. A145613 (D1d1 Nov. 29, 2016)
The Parties’ arbitration agreement contains a provision that permits a de novo arbitration before a three-arbitrator panel if a single arbitrator gives an award of $0 or over $100k. Plaintiff wins $180k, but the arbitral body refuses to constitute a de novo panel based on the fact that it doesn’t have appellate rules. On confirmation of the award, the superior court similarly declines to order a de novo arbitration.
But they were both wrong.
The parties agreed to a de novo arbitration (not an arbitration appeal) if the original results fell outside an agreed band. The original arbitration did, in fact, result in an award over the band. The fact that the arbitral body didn’t have specific appellate rules doesn’t brook otherwise. So the trial court erred in refusing to compel the parties to use the de novo procedure they had agreed to.
Affirmed.
Subscribe to:
Post Comments (Atom)
That's Not a Debate
Taylor v. Tesla , No. A168333 (D1d4 Aug. 8, 2024) Plaintiffs in this case are also members of a class in a race discrimination class action ...
-
RSB Vineyards, LLC v. Orsi , No. A143781 (D1d3 Sept. 29, 2017) In this real estate warranty case, the court affirms a summary judgment in ...
-
Pollock v. Superior Court , No. B321229 (D2d1 Jul. 31, 2023) Back in 2019, the Legislature amended Code of Civil Procedure § 2031.280 to inc...
No comments:
Post a Comment