Diamond Mfg. & Engineering Co. v. Equipment Parts Wholesale
Plaintiff Diamond Manufacturing & Engineering Co. (Diamond) entered into a contract with defendant Equipment Parts Wholesale, LLC (EPW) under the terms of which Diamond was to manufacture certain quantities of a machine known as a scissor lift, which would be purchased by EPW for resale. After delays and other problems occurred in Diamond’s manufacturing efforts, EPW elected to terminate the contract. Diamond then sued for damages based on alleged breach of contract and related causes of action, and EPW filed a cross-complaint against Diamond. The parties agreed to resolve their dispute in binding arbitration. Arbitration proceedings were held and, after considering the evidence and arguments presented by the parties, the arbitrator issued an award in favor of Diamond in the sum of $386,847.14. Diamond petitioned the trial court to confirm the arbitration award pursuant to Code of Civil Procedure section 1285.[1] In response, EPW requested that the trial court either (i) vacate the award since the arbitrator allegedly failed to disclose a potential conflict creating an appearance of bias or (ii) correct the amount of the award based on an alleged evident miscalculation of figures. The trial court denied both of EPW’s requests, confirmed the arbitration award and entered judgment in favor of Diamond. EPW timely appealed.[2] We conclude that the trial court properly confirmed the arbitration award. Therefore, the judgment is affirmed.
Comments on Diamond Mfg. & Engineering Co. v. Equipment Parts Wholesale