Trial Judge Needed To Assess Culpability And Whether Missed Payment Was Excusable.
In Aqua Blue Constr., Inc. v. Goshorn, Case No. B338632 (2d Dist., Div. 3 Feb. 24, 2026) (unpublished), an appellate court—post-Hohenshelt—has reversed and remanded a case to see if the party making a missed arbitration payment under CCP § 1281.9 was culpable and whether the payment was excusable, including a reversal of a $36,974.79 sanctions award for now. There were arguments supporting both sides’ positions, especially the paying party who was flummoxed that $164,000 in arbitration expenses was the price for arbitration in a dispute worth a little over $32,000.