Jackson v. Fitzgibbons

Gary and Jennifer Taylor petitioned the superior court to confirm an arbitration award they had obtained in their dispute with a construction contractor, respondent Van-Catlin Construction (VCC). The court, however, granted VCCs request to correct the award under Code of Civil Procedure section 1286.6 on the ground that the arbitrator had exceeded his powers in granting attorney fees. The Taylors appeal, contending that the court erred in reviewing the award and in correcting "a legal error that did not exist." We agree that the deletion of the attorney fees was improper, and we must therefore reverse the order.