Arbitrator Was The One Who Had To Do So, With The Presumption Being Costs Were Disallowed.
Garrett & Tully, P.C. v. Aliso Properties, LLC, Case No. B332463 (2d Dist., Div. 3 Dec. 9, 2025) (unpublished) was a situation where a lower court, in an arbitration award confirmation proceeding, awarded costs relating to the arbitration where the arbitrator never did so. That costs award was reversed because the arbitrator was the one who had to award costs based on the broad submission of issues to the arbitrator and because the presumption was that the failure to award costs was a disallowance of costs by the arbitrator. (Sapp v. Barenfeld, 34 Cal.2d 515, 523 (1949).).