DeMello v. Souza

Opinion

KANE, J.

In this case we are confronted with strongly competing considerations—one springing from basic equitable principles, the other from pragmatic, legal policies which are essential to the efficient procedural administration of justice.

For reasons which follow, we are persuaded that the latter must prevail, necessitating a reversal of the judgment correcting and confirming an arbitration award.

Appellant Dorothy DeMello is the administratrix of, and a claimant under, the will of William McMillan, deceased, who as a member of the Alameda County Electrical Workers’ Pension Trust, was…