Elden v. The Superior Court Of Los Angeles County

53 Cal.App.4th 1497 (1997)

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Nature of the Case

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Facts

H and W are attorneys. They were married on November 17, 1978, and separated in either 1988 or 1989. On August 11, 1994, H, in propria persona, filed a petition for dissolution of marriage. By stipulation, the matter was bifurcated, and judgment of dissolution was entered on March 9, 1995. H and W entered into a stipulation agreeing that the matter shall be tried to a final conclusion at an arbitration proceeding. H and W also agreed that 'the award of the arbitrator shall be final and shall not be subject to appeal, or attacked or set aside other than as provided in California Code of Civil Procedure1286.2. On November 28, 1995, the arbitrator, Weiner, issued a document entitled 'Decision and Award.' Weiner believed that sometime after the parties separated they entered into an agreement in early 1989, which resolved all of their property issues with the exception of the disposition of the family residence. The residence had been sold in 1994 and H had promised to give w $75,000 as her share of the proceeds from the sale. Weiner indicated he had been asked to determine 'whether W is owed the sum of $75,000, or another amount, from H or whether H is entitled to reimbursement and/or credit as a result of W's continued use of retail store and other credit cards in both their names.' Weiner awarded H a credit in the amount of $79,533.25 and W a credit in the amount of $75,000. In sum, H was owed $4,533.25 immediately payable. Both parties were also ordered that within seven (7) days of the filing of this Arbitration Decision and Award, that both parties submit to each other by registered mail, with a copy to the undersigned arbitrator, financial statements sufficient under California law to satisfy each other that they are fully knowledgeable in the matters contained therein. H claims that on November 29, 1995, Weiner mail-served the award on the parties by Federal Express. W received a copy of the award either on or shortly after the November 29, 1995, date. On February 7, 1996, H filed a petition to confirm the arbitration award. H also served W his final declaration of disclosure and income and expense declaration, under section 2105. W concedes she did not serve a declaration of disclosure. H claims he demanded service of W's disclosure declaration. W claims that no such demand was made. On August 12, 1996, W filed a motion pursuant seeking relief from the statutory time limitations and seeking to vacate the award. W claimed she had been 'coerced into signing a written agreement to arbitrate.' W claims duress and undue influence that the arbitrator 'exceeded his power.' The court denied H's motion to confirm the arbitration award on the basis that the parties' failure to comply with the requirements of section 2105 precluded entry of judgment.

H then filed this mandamus petition.