IN RE: Erling S. CALKINS; Elaine S. Calkins (2021)

MEMORANDUM **

Erling S. Calkins appeals pro se from the Bankruptcy Appellate Panel's decision affirming the bankruptcy court's order confirming an arbitration award and enforcing Calkins’ 2016 settlement with the Southern California Conference of Seventh-Day Adventists (“SCC”). We affirm.

The bankruptcy court properly confirmed the arbitration award because Calkins did not show there were grounds for vacating it. See Ariz. Rev. Stat. § 12-3023(A); Johnson v. Gruma Corp., 614 F.3d 1062, 1067 (9th Cir. 2010). Calkins and SCC settled all issues between them, including probate issues, except those specifically reserved for arbitration in the 2016 settlement agreement. See Taylor v. State Farm Mut. Auto. Ins. Co., 175 Ariz. 148, 854 P.2d 1134, 1138–39 (1993) (en banc); Provident Nat'l Assurance Co. v. Sbrocca, 180 Ariz. 464, 885 P.2d 152, 153–54 (Ariz. Ct. App. 1994). Calkins’ argument that the arbitrator decided that unspecified probate issues should be referred to California probate court for further proceedings is both waived and unsupported by the record. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999); Crawford v. Lungren, 96 F.3d 380, 389 n.6 (9th Cir. 1996). The arbitrator did not exceed his authority by deviating from the 2016 settlement agreement; rather, he dealt with all issues and entered all relief required by the agreement.

AFFIRMED.