Tuesday, October 17, 2023

FCM Investments v. Grove Pham LLC (Cal. Ct. App. - Oct. 17, 2023)

Wow. The Court of Appeal reverses the arbitration award here based upon a reasonable belief of the arbitrator's bias. The basis of the Court of Appeal's reversal was the arbitrator's belief that one of the parties was not credible in part because he used an interpreter even though the arbitrator felt he could speak English with ease. So there's somewhat of an undercurrent of racism there; no small thing with which to accuse someone.

Moreover, the opinion mentions the arbitrator by name: the Honorable Judith C. Chirlin (retired).

Fortunately or not, Judge Chirlin died last year, so she doesn't see her name in print in this regard. Mind you: she was previously publicly reproved for something she did in a different case, so maybe she would not have been all that concerned about the opinion's effect on her reputation.

Still. I strongly suspect that no one would like getting reversed for this particular reason.