California Court of Appeal

Order in favor of defendant, vacating arbitration award that had determined classwide arbitration was permitted, is reversed where: 1) the provision in the arbitration agreement purporting to provide for judicial review of errors of law is void and unenforceable, and must be severed from the agreement; 2) the trial court exceeded its authority when it reviewed the merits of the controversy; and 3) the arbitrators did not violate any express provisions of the parties' agreement, and did not refuse to hear material evidence.

Appellate Information

• Decided 09/22/2006
• Published 09/22/2006

Judges

• WILLHITE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Beatie and Osborn and Daniel A. Osborn for Plaintiffs and Appellants.


• For Appellees:
  
• Reed & Smith and Andrew E. Paris;  Kirkland & Ellis, Michael E. Baumann, Los Angeles, and Becca Wahlquist for Defendant and Respondent.