Elliott & Ten Eyck Partnership v. City of Long Beach

Opinion

EPSTEIN, J.

A dispute arose between parties to a contract. Each sued the other. The contract had a dispute resolution provision, applicable to this dispute, by which each side would choose an expert, the two selected would choose a third, and the three would resolve the issue. The parties’ dispute ripened into litigation: A complaint and cross-complaint were filed. After these had pended in court for some time (with an unsuccessful effort to utilize the arbitration provision), the supervising judge suggested a solution. It was that the parties agree to have a sitting judge in the…