Failure To Postpone Arbitration Hearing Upon Sufficient Cause May Be Grounds For Vacating Award – But Not When Request For Continuance Is Waived !
Plaintiff sought to postpone an arbitration hearing in a wrongful death/medical malpractice action, because she was studying abroad, and counsel’s medical condition adversely affected his cognitive status and performance. However, based on the record, it appeared that the arbitrator never actually ruled on plaintiff’s request for a continuance. Instead, the parties stipulated to proceed with a hearing by submitting declarations and medical records, in lieu of live testimony. The arbitrator ruled in favor of defendant Kaiser, the trial court confirmed the arbitration award, and the Court of Appeal affirmed the judgment. Anderson v. Kaiser Permanente Medical Group, B252061 (2/3 Jan. 12, 2015) (Kitching, Aldrich, Kussman) (unpublished).
Motions for a continuance – and the ruling -- need to be carefully documented. Here, there was substantial evidence to support the court’s factual finding that the arbitrator didn’t even rule on the motion.
Comments