Glaser, Weil, Fink, Jacobs & Shapiro, LLP v. Goff
California Court of Appeal
1Dissent
JOHNSON, J., Dissenting.—
I
The majority asks, “[c]an a court treat an arbitration award as binding and hence unreviewable solely on the grounds that the arbitrator both ruled it is binding and had authority to rule on that issue!” (Maj. opn., ante, at p. 437.) As this division held in Greenspan v. LADT, LLC (2010) 185 Cal.App.4th 1413 [111 Cal.Rptr.3d 468] (Greenspan), the parties may submit to arbitration issues they were not contractually compelled to submit to arbitration, and the arbitrator’s ruling on such issues is not reviewable by any court. Yet, ignoring Greenspan and the very limited…
2Cases cited28 opinions
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- Howsam v. Dean Witter Reynolds, Inc.Supreme Court of the United States · 2002
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- Engalla v. Permanente Medical Group, Inc.California Supreme Court · 1997
- Moncharsh v. Heily & BlaseCalifornia Supreme Court · 1992
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