Case Brief
Background, issue and holding.
Background
Deborah Pratt retained Gursey, Schneider & Co. for accounting services in connection with a dissolution proceeding. The later professional-negligence dispute was submitted to binding arbitration, and the parties signed a stipulation that expressly waived the right to appeal from the arbitrator’s award, any judgment entered on the award, or any related order.
The appellate issue
After the arbitrator issued an award in Pratt’s favor and the trial court confirmed it, the accounting defendants appealed. Pratt moved to dismiss the appeal on the ground that the parties had expressly waived appellate review in their arbitration stipulation.
The court’s holding
The Court of Appeal enforced the waiver and dismissed the appeal. Although the arbitration papers contained references associated with both judicial and contractual arbitration, the court held that the waiver language covering “any judgment” or “any order” was sufficiently explicit and was not undermined by that ambiguity.
Philip Kaufler’s role
The published opinion identifies the Law Offices of Philip Kaufler and Philip Kaufler as counsel for Pratt, the plaintiff/respondent. The related Daily Journal coverage on the underlying arbitration is also included in Cases & Articles.
This case brief is provided for readability and general information. Follow the public opinion and related source links for the complete judicial record.