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LEWCO IRON METALS, INC. v. SUPERIOR COURT

No. E022135.

90 Cal.Rptr.2d 671 (1999)

76 Cal.App.4th 837

LEWCO IRON METALS, INC., et al., Petitioners, v. The SUPERIOR COURT of San Bernardino County, Respondent; Michael Dibble, Sr., et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Two.

Review Denied March 22, 2000.

Attorney(s) appearing for the Case

Combs & Schaertel, Arthur T. Schaertel and William R. Lutz, Claremont, for Petitioners.

No appearance for Respondent.

Anthony & Carlson and Richard H. Carlson, Oakland, for Real Parties in Interest.

Certified for Partial Publication.*

OPINION

RICHLI, J.

Case law holds generally that, where one party to a multi-party judicial arbitration proceeding requests a trial de novo, the entire arbitration award is vacated and the whole case must be tried. A limited exception has been recognized, under which an award in favor of one party may stand despite a trial de novo request by another, where the two parties' claims are...

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