Cox v. Bonni

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Plaintiff appealed a judgment confirming an arbitration award in favor of defendant, whom she sued for medical malpractice. The Court of Appeal affirmed the trial court's judgment, holding that the trial court properly granted the motion to compel arbitration where plaintiff failed to show error in the trial court's implicit finding that the Arbitration Agreement satisfied the requirements of Code of Civil Procedure section 1295, subdivision (b); plaintiff failed to show error in the trial court's implicit finding that plaintiff read and understood the Arbitration Agreements; and plaintiff failed to show error in the trial court's finding that defendant did not waive his right to arbitration. The court also held that the trial court properly confirmed the Arbitration Award where plaintiff's objection to the arbitrator's disclosures was untimely; the arbitrator's ex parte communications with defendant's counsel were insufficient to justify vacating the award; and plaintiff failed to present properly on appeal her additional arguments in support of vacating the award and they lacked merit. Finally, the court held that the trial court properly reconsidered the order vacating the award. View "Cox v. Bonni" on Justia Law