Niblack v. Le
Jeff Niblack appeals from a judgment in which the trial court confirmed an arbitrators decision finding Trang Diem Thi Le validly revoked an offer to sell Niblack the home he was renting. The arbitrator awarded Niblack $63,700 in unjust enrichment compensation for improvements he made to the home and for property taxes he paid, plus $10,500 in attorney fees. Niblack contends the trial court erred in denying his motion to vacate the award. He argues the award must be vacated because the arbitrator: (1) failed to fully and completely resolve the issues submitted to arbitration as required by the parties stipulation to arbitration, (2) violated a statutory duty to postpone the arbitration hearing to receive additional evidence (Code Civ. Proc., 1286.2, subd. (a)(5)),[1] and (3) demonstrated bias by attaching an unfair condition to receiving additional evidence, namely Les consent. Court conclude substantial evidence supports the trial courts determination Niblacks contentions were unfounded, and that he presented no evidence he was substantially prejudiced by the arbitrators actions, as required by statute to vacate the award. ( 1286.2, subd. (a)(3) & (5).) Court therefore affirm the judgment.
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