Legal Opinion

Horath v. Hess

California Court of Appeal

Decided April 10, 2014No. D063124, D063709PublishedCited by 13 opinions

1Opinion of the Court

Opinion

McDONALD, J.

In his first appeal (case No. D063124), defendant John Hess appeals a judgment entered confirming an arbitration award in favor of plaintiff Elsie Horath in the amount of $366,527.22. On appeal, he argues the trial court erred by entering the judgment because (1) Horath had stipulated in writing before the arbitration proceeding that she would accept the arbitrator’s award or $100,000, whichever amount was less, plus allowable costs, and (2) he was not required to timely move to correct or vacate the arbitrator’s award and instead could tender $100,000, plus costs, after…

2Cases cited13 opinions

  1. Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
  2. Badie v. Bank of AmericaCalifornia Court of Appeal · 1998
  3. Winet v. PriceCalifornia Court of Appeal · 1992
  4. Morey v. VannucciCalifornia Court of Appeal · 1998
  5. Southern California Edison Co. v. Superior CourtCalifornia Court of Appeal · 1995

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3Cited by13 opinions

  1. Pacific Corporate Group Holdings v. KeckCalifornia Court of Appeal · 2014
  2. Yakima Company v. Lincoln General InsuranceCourt of Appeals for the Ninth Circuit · 2014
  3. Comerica Bank v. Runyon, California Court of Appeal, 5th District2017
  4. Banda v. Wash CA5California Court of Appeal · 2020
  5. Cal. Bank & Trust v. Del PontiCalifornia Court of Appeal · 2014

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