COUNTRYWIDE FINANCIAL CORP. v.BUNDY
Filed 8/6/10
CERTIFIED FOR
PUBLICATION
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE
DISTRICT
DIVISION FIVE
COUNTRYWIDE FINANCIAL
CORP. et al.,
Plaintiffs and Respondents,
v.
THOMAS BUNDY et al.,
Defendants and Appellants.
B215912
(Los Angeles County
Super. Ct. No. BS117996)
STORY CONTINUE
FROM PART I….
Thus, in
doubt on whether the manifest disregard of the law rule remains viable. But later in the opinion, the Supreme Court
explained: â€
| Description | Defendants, Thomas Bundy, Misty Sanchez, Kevin Prevost and David Godina, appeal from an order vacating partial arbitration awards against plaintiffs, Countrywide Financial Corporation and Full Spectrum Lending, Inc. Judge Elizabeth A. White vacated the partial arbitration awards on the ground the arbitrator committed a number of legal errors. Because of the unambiguous choice of law language in the agreements to arbitrate, we conclude we must apply the vacatur provisions applicable before a United States District Court in a case subject to the Federal Arbitration Act. (9 U.S.C. § 1 et seq.) When we apply the vacatur provisions of the Federal Arbitration Act, we conclude no grounds permitted the partial awards to be vacated. Although it is uncertain whether the manifest disregard of the law vacatur rule remains extant, we apply it and the federal excess of powers standard of judicial review to the partial awards. Thus, we reverse the order vacating the partial arbitration awards. Court do not address the parties' other contentions including their statute of limitations analysis. |
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