maxIT Healthcare Holding v. Acumen Techn Solutions
This appeal from a judgment confirming an arbitration award requires us to determine whether the contractual arbitrator exceeded his “powers” (Code Civ. Proc., § 1286.2, subd. (a)(4)) by awarding nothing on a breach of contract claim.
Defendants, cross-complainants, and appellants Acumen Technology Solutions for Healthcare, LLC (Acumen), J. Dale Ragone, and Robert B. Goetzinger (collectively Defendants) contend the arbitrator exceeded his powers by fashioning a remedy prohibited by the contract and not available in a court of law.
Plaintiffs, cross-defendants, and respondents maxIT Healthcare Holdings, Inc. (maxIT Inc.) and maxIT Healthcare, LLC (individually maxIT LLC, and together with maxIT Inc., Plaintiffs or maxIT ) claim the arbitrator did not exceed his powers, since the remedy was not prohibited by the contract and was available in a court of law.
We agree the arbitrator did not exceed his powers and affirm.
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