Heenan v. Sobati

Opinion

SILLS, P. J.

This appeal arises from an arbitration award issued by a sitting superior court judge who conducted a “binding judicial arbitration” pursuant to stipulation. The dispute involves an ambiguity whether the judge intended to include attorney fees as part of his cost award. No fees were included in the order confirming the arbitration award.

But we are concerned with a more fundamental issue: May a sitting superior court judge conduct a private arbitration subject to confirmation under the California Arbitration Act? The answer clearly is no. Notwithstanding the parties’…