Notice Of And Motion, To Vacate Arbitration Award
SF Superior Court - Law & Motion / Discovery Dept 301 - CPF24518763 - December 10, 2025 Hearing date: December 10, 2025 Case number: CPF24518763 Case title: CESAR PONCE VS. BERKSHIRE HATHAWAY GUARD INSURANCE COMPANY Case Number: | | CPF24518763 | Case Title: | | CESAR PONCE VS. BERKSHIRE HATHAWAY GUARD INSURANCE COMPANY | Court Date: | | 2025-12-10 09:00 AM | Calendar Matter: | | Notice Of And Motion, To Vacate Arbitration Award | Rulings: | | On the Law and Motion/Discovery calendar for December 10, 2025, line 1. PETITIONER CESAR PONCE'S Motion To Vacate Arbitration Award.
Petitioner's petition to vacate the arbitration award is granted. Petitioner's residence suffered a fire loss and pursuant to Insurance Code section 2071, the parties (insured and insurer) commenced arbitration and submitted appraisals to determine the replacement cost coverage. (Ponce Decl., Ex. A [Insurance Policy, PDF pg. 80].)
The arbitration award, which refers to "Actual Cash Value" and "Total Value" rather than replacement cost, lists an amount and also notes that the insured's additional expenses are "TBD." CCP 1283.4 provides that the award "shall include a determination of all the questions submitted to the arbitrators the decision of which is necessary in order to determine the controversy." In this case, the arbitration award failed to determine all of the submitted issues.
An arbitrator's powers to correct an award after it has been issued are limited. In addition, "[o]nce the 30-day period for correction under section 1284 runs, the award is final and the arbitrator's jurisdiction ends." (Taska v. RealReal, Inc. (2022) 85 Cal.App.5th 1, 8.) The final-not interim-arbitration award was incomplete, defective, and cannot be confirmed. (Porter v. Scott (1857) 7 Cal. 312, 316 ["It is well settled that where parties refer all their differences to arbitration, it is the duty of the arbitrators to pass upon the whole subject in controversy, and if it appears upon the face of the award that they have not disposed of the whole matter but have left a part open; or if the terms of the award be such as to render a further inquiry necessary to ascertain a sum of money to be paid, or some act to be done, it is void and will be set aside."]; Mossman v.
City of Oakdale (2009) 170 Cal.App.4th 83, 88 ["failure to decide an issue submitted to an arbitrator provides a valid ground for vacating the award."].) The court therefore grants this motion.
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