PRETRIAL ADJUDICATION
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Contract Arbitration
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Modify/Vacate Award: Other Bases & Issues
.........Refusal to Hear Evidence
5 Cards On This Topic:
••Substantial•• prejudice resulting from refusal to postpone or to hear evidence material to controversy or other conduct is basis to vacate.
Arbitrators' refusal to hear D's evidence and allow cross-examination deprived her of a fair hearing and substantially prejudiced her rights within the meaning of CCP §1286.2.
Arb award properly vacated where arbitrator excluded material evidence showing the problem had been fixed and there were no damages.
Problems with counsel beginning long before hearing date do not mandate postponement.
Refusal to postpone justified where hearing extends for extended period.