Winograd v. American Broadcasting Co.

Opinion

ZEBROWSKI, J.

This case concerns the interpretation and application of a stipulation entered into orally before the court. The stipulation constituted an agreement to arbitrate, but it intermingled characteristics of both judicial and contractual arbitration. For that reason it was ambiguous, and a dispute over its meaning resulted. The trial court denied plaintiff’s petition to compel arbitration, and plaintiff appeals. (Code Civ. Proc., § 1294 [“An aggrieved party may appeal from . . . HD . . . [a]n order . . . denying a petition to compel arbitration.”].)

The primary issue on appeal…