Kauffman v. Shearson Hayden Stone, Inc.

Opinion

BEACH, J.

Appeal from an arbitration order awarding the prevailing party as “costs” $550, representing one half of the arbitrator’s fee paid by each side. We affirm.

Appellant and respondents were plaintiff and defendant respectively in an action pending in superior court. Rather than wait and try the case to a jury over many days, they agreed to have the matter tried by á retired judge. To that end they entered into an agreement entitled “Stipulations Re Arbitration Hearings, Arbitration Awards and Transfer of Action.” The stipulation was filed in the superior court and provided, among other things, the following: “The parties . . . agree that the following will be applicable and controlling in the above entitled case:

“1. All rules, laws and statutes applicable to the conducting of a trial of a civil action in the Superior Court of the State of California shall be applicable to conducting any and all arbitration hearings in the above-

[811]

entitled action. It is intended that said rules, laws and statutes include, but are not limited to the

California Evidence Code,

the

California Code of Civil Procedure,

the

California Rules of Court

and the

Los Angeles Superior Court Trial Manual; ...

“4. Any and all arbitrator’s awards shall have the effect of a judgment entered after the trial of a civil action in the Superior Court of the State of California; ...

“6. Review of the conduct at, or proceedings of, any and all arbitration hearings and/or of any and all awards made after such a hearing shall be governed and controlled by the rules, laws and statutes applicable to the review of a trial of a civil action in the Superior Court of the State of California and/or of a judgment entered after such a trial.”