>LA SERENA
PROPERTIES v. WEISBACH

























Filed 7/15/10

















>CERTIFIED FOR PUBLICATION



IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST
APPELLATE DISTRICT



DIVISION
FOUR




>

LA SERENA PROPERTIES et al., Plaintiffs and Appellants, v. GERALD WEISBACH et al., Defendants and Respondents.

A126283 (San Francisco City & County Super. Ct. No. 484081)

I.

Introduction

Plaintiffs
La Serena Properties, LLC, Casa Margaritaville, Inc., and Steven Yates
(appellants) appeal from a judgment entered after the trial court sustained the
demurrers of defendants Gerald Weisbach (Weisbach) and the American Arbitration
Association (AAA) (respondents) without leave to amend. Appellants sued respondents for damages, as
well as other relief, alleging five
separate causes of action, all of which arise out of the alleged failure of
arbitrator Weisbach to disclose a certain conflict of interest during the appointment process.

We
agree with the trial court that the alleged claims of misconduct, no matter how pleaded, all
arise out of the conflict of interest disclosure procedure that is integrally
part of the arbitration process. Thus,
respondents are protected from liability by the common law arbitral immunity
for quasi-judicial acts. Accordingly, we
affirm the judgment.

II.

Factual and Procedural Backgrounds

When
considering an appeal from a judgment entered after the trial court sustained a
demurrer without leave to amend, we â€