Arbitration
Arbitration is a method of resolving disputes privately without involving courts. If necessary, courts can affirm arbitration awards, and the usually do. However, there are limited grounds for a court to refused to confirm an arbitration award, and those decisions are sometimes appealed.
Hart v. Hart (B291315) (2021)
California Court of Appeal
Second Appellate District, Division Four
Bruce represented the respondents in a complex family dispute involving real estate, business ownership, and the enforceability of a privately conducted arbitration. After a 35-day bench trial, the trial court entered judgment for Bruce’s clients, finding most of the appellants’ claims barred by the confirmed arbitration award and the remainder unproven. On appeal, Bruce successfully defended the judgment, with the Court of Appeal affirming the trial court’s rulings on arbitration, res judicata, and severance of parties. The court also denied appellants’ procedural challenges and rejected their post-appeal motions.
OpinionNamkoong v. Magnolia Gardens Convalescent Hospital (B141492) (2001)
California Court of Appeal
Second Appellate District, Division One
Bruce represented the plaintiffs in a wrongful death and elder abuse action against a convalescent hospital and its staff. After engaging in extensive litigation—including discovery, motions to strike, and demurrers—the defendants moved to compel arbitration based on an agreement signed at admission. The trial court found the defendants had waived their right to arbitrate by actively litigating the case and thus used the court system to their advantage and prejudiced the plaintiffs. The Court of Appeal affirmed, holding that substantial evidence supported the waiver finding.
Opinion