SA Challenger v. Fox CA2/7
SA Challenger, Inc. appeals from the judgment confirming an arbitration award of approximately $1.3 million in attorney fees and costs in favor of Gerson I. Fox entered after the arbitrator found Fox was not liable on a loan guaranty because his purported signature on the guaranty was not genuine. Challenger contends the superior court erred in declining to vacate the arbitration award based on the arbitrator’s refusal to hear evidence (Code Civ. Proc., § 1286.2, subd. (a)(5)) and denying a setoff for a judgment in favor of Challenger, as assignee, in another action and a sanctions award in favor of Challenger in this proceeding.
We affirm the order denying the petition to vacate the arbitration award, but reverse the judgment and remand for the superior court to enter a new judgment that recognizes a setoff for both the judgment in the other action and the sanctions award in this case.
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