Schlessinger v. Rosenfeld, Meyer & Susman
California Court of Appeal
47 Cal. Rptr. 2d 650 (1995)
- Written by Emily Pokora, JD
Facts
Attorney Gary Schlessinger (plaintiff) was a partner at Rosenfeld, Meyer & Susman (law firm) (defendant). The partnership agreement provided that disputes would be resolved through arbitration by the American Arbitration Association (AAA). Upon resignation from the law firm, Schlessinger disputed the amount he was owed by the law firm under the agreement. The parties proceeded to arbitration. Two of the issues at arbitration were resolved when the arbitrator granted the law firm’s motions for summary adjudication and issued the final award in favor of the law firm. Schlessinger filed a petition to vacate the award with the trial court, arguing that the arbitrator was precluded from considering motions for summary adjudication in an arbitration proceeding under the California Arbitration Act (act). Schlessinger also claimed that the arbitrator did not hear evidence through testimony at the arbitration or allow for cross-examination of witnesses because the issues were disposed of before the hearing. The petition was denied, and Schlessinger appealed.
Rule of Law
Issue
Holding and Reasoning (Masterson, J.)
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