Petition to Vacate Arbitration Award
2026CUPA064277: BRIAN ZREHIGIAN vs MERCURY INSURANCE COMPANY 06/02/2026 in Department 41 Petition to Vacate Arbitration Award
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2026CUPA064277: BRIAN ZREHIGIAN vs MERCURY INSURANCE COMPANY
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Tentative Decision:
Petitioner Brian Zrehigians Petition to Vacate Arbitration Award is DENIED.
Code of Civil Procedure section 1286.2 sets forth the grounds for vacation of an arbitrator's award. It states in pertinent part that, [T]he court shall vacate the award if the court determines any of the following:
(1) The award was procured by corruption, fraud or other undue means. (2) There was corruption in any of the arbitrators. (3) The rights of such party were substantially prejudiced by misconduct of a neutral arbitrator. (4) The arbitrators exceeded their powers and the award cannot be corrected without
2026CUPA064277: BRIAN ZREHIGIAN vs MERCURY INSURANCE COMPANY
affecting the merits of the decision upon the controversy submitted. (5) The rights of such party were substantially prejudiced by the refusal of the arbitrators to postpone the hearing upon sufficient cause being shown therefor or by the refusal of the arbitrators to hear evidence material to the controversy or by other conduct of the arbitrators contrary to the provisions of this title. (6) An arbitrator making the award either: (A) failed to disclose within the time required for disclosure a ground for disqualification of which the arbitrator was then aware; or (B) was subject to disqualification upon grounds specified in Section 1281.91 but failed upon receipt of timely demand to disqualify himself or herself as required by that provision. However, this subdivision does not apply to arbitration proceedings conducted under a collective bargaining agreement between employers and employees or between their respective representatives.
Here, Petitioner has argues four grounds on which to vacate the award:
1. The uninsured motorist arbitration award was procured by corruption or other undue means. Code of Civil Procedure section 1286.2 (a)(l).
2. The Petitioner's rights were substantially prejudiced by misconduct of the arbitrator. Code of Civil Procedure section 1286.2 (a)(3).
3. The arbitrator exceeded his powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted. Code of Civil Procedure section 1286.2 (a)(4).
4. The Petitioner's rights were substantially prejudiced by the refusal of the arbitrator to consider evidence material to the controversy or other conduct of the arbitrator contrary to the provisions of this title. Code of Civil Procedure section 1286.2 (a)(5).
Petitioner has not shown any ground for relief. Ultimately, the arbitrator found that the Petitioner failed to meet his burden of proof that he was struck by a car. Thus, the award was entered in favor of Respondent. Considering the exhibits, there was more than enough evidence to support the arbitrators conclusion that Petitioner was not struck by a car. (See Respondents Exhibits D-J.)
There is an insufficient showing the award was procured by corruption and/or that there was misconduct on the part of the arbitrator. First, as to disclosure of the policy limits, Petitioner has not made a compelling argument that had any affect on the arbitrator and/or the award. Second, there is insufficient support that the arbitrator exceed his powers. From the evidence submitted at the arbitration, more than enough evidence was presented to warrant the arbitrators finding that Petitioner was not hit by car.
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