California Court of Appeal

On cross-appeals of a trial court judgment on an arbitration award rendered in favor of the plaintiff after the defendant had prevailed in an earlier, vacated arbitration of the matter, the judgment is affirmed, where: 1) the defendant did not forfeit his challenge to the trial court’s order vacating the first arbitration award; but 2) the trial court correctly vacated the first arbitration award due to an ex parte communication between a party arbitrator and the neutral arbitrator while the outcome of the case was still under consideration; and 3) the trial court did not in refusing to award the plaintiff Section 998 costs, including expert witness and arbitrator fees, and Section 3291 prejudgment interest, because he never requested these enhancements from the arbitrators.

Appellate Information

• Decided 02/07/2012
• Published 02/07/2012

Judges

• Doi Todd

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steven B. Stevens, Schmid & Voiles