Arbitration: Arbitration Claimants Losing Real Estate Dispute With Different Respondents Could Not Obtain Review Of Arbitrator’s Rulings By Which $1.3 Million In Adverse Fee Awards Were Granted

Merits Of Fee Rulings Were Beyond Review.

            As we have posted on many occasions, contractual interpretation or merits rulings are generally beyond trial court or appellate review in a vast majority of situations under Moncharsh v. Heily & Blaise, 3 Cal.4^th 1, 11-12, 33 (1992).  The arbitrator, in a real estate dispute, found against claimant and in favor of two respondents, awarding respondents altogether about $1.3 million in attorney’s fees.  This was affirmed on appeal in Pacific Pinnacle Real Estate Services, Inc. v. Melton, Case No. D073475 (4^th Dist., Div. 1 May 23, 2019) (unpublished).  Nothing in the arbitration agreement or ADR rules prohibited the arbitrator’s interpretation of the fees clause, even if the ultimate decision contradicted the terms of the parties’ agreement.  (Gueyffier v. Ann Summers Ltd., 43 Cal.4^th 1179, 1185 (2008).)