Berglund v. Arthroscopic & Laser Surgery Center of San Diego, L.P.

Opinion

KENNARD, J.

Must a discovery dispute involving a nonparty to an arbitration proceeding be submitted first to the arbitrator? If so, what is the scope of judicial review of an arbitrator’s order compelling a nonparty to the arbitration to comply with a party’s discovery subpoena? We conclude, as the Court of Appeal did, that the dispute must be submitted first to the arbitral, not the judicial, forum, and that the nonparty is entitled to full judicial review of the arbitrator’s discovery order.

I

On August 23, 2000, Daniel L. Berglund filed a complaint in the San Diego Superior Court for…