decision after hearing (California) · Go Syfert
← California issues

decision after hearing in California

8 California opinions name it 1 courts 1999–2022 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Cheng-Canindin v. Renaissance Hotel Associatesgreen
calctapp · 1996 · cited in 6 California opinions naming this issue, 1999–2012
2 sentences

2006Arbitration has been defined as “ ‘[a] process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties have an opportunity to be heard. . . . ’ [Citation.]” (Cheng-Canindin v. Renaissance Hotel Associates (1996) 50 Cal.App.4th 676, 684 [ 57 Cal.Rptr.2d 867 ].) The characteristics of an arbitration agreement are: “(1) a third party decision maker; (2) a mechanism for ensuring neutrality with respect to the rendering of the decision; (3) a decision maker who is chosen by the parties; (4) an opportunity for both parties to be hear

2006Arbitration has been defined as “ ‘[a] process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties have an opportunity to be heard. . . . ’ [Citation.]” (Cheng-Canindin v. Renaissance Hotel Associates (1996) 50 Cal.App.4th 676, 684 [ 57 Cal.Rptr.2d 867 ].) The characteristics of an arbitration agreement are: “(1) a third party decision maker; (2) a mechanism for ensuring neutrality with respect to the rendering of the decision; (3) a decision maker who is chosen by the parties; (4) an opportunity for both parties to be hear

46
Saeta v. Superior Courtgreen
calctapp · 2004 · cited in 3 California opinions naming this issue, 2005–2016
2 sentences

2016Where arbitration is voluntary, the disputing parties select the arbitrator who has the power to render a binding decision." ' " (Saeta v. Superior Court (2004) 117 Cal.App.4th 261, 268 (Saeta).) " '[A]lthough [an] arbitration can take many procedural forms, a dispute resolution procedure is not an arbitration unless there is a third party decision maker, a final and binding decision, and a mechanism to assure a minimum level of impartiality with respect to the rendering of that decision.' " (Ibid.) It is these hallmark attributes, not the label applied to the procedure, that determines whethe

2005Where arbitration is voluntary, the disputing parties select the arbitrator who has the power to render a binding decision.” [Citation.]’ [Citations.] . . . ‘[Although [an] arbitration can take many procedural forms, a dispute resolution procedure is not an arbitration unless there is [1] a third party decision maker, [2] a final and binding decision, and [3] a mechanism to assure a minimum level of impartiality with respect to the rendering of that decision.’ [Citations.]” (Saeta v. Superior Court (2004) 117 Cal.App.4th 261, 268 [ 11 Cal.Rptr.3d 610 ], quoting from Cheng-Canindin v. Renaissan

23
Elliott & Ten Eyck Partnership v. City of Long Beachgreen
calctapp · 1997 · cited in 2 California opinions naming this issue, 1999–2004
2 sentences

2004Where arbitration is voluntary, the disputing parties select the arbitrator who has the power to render a binding decision.’ [Citation.]” (Cheng-Canindin v. Renaissance Hotel Associates (1996) 50 Cal.App.4th 676, 684 [ 57 Cal.Rptr.2d 867 ], quoting from Black’s Law Dictionary (6th ed. 1990) p. 105, col. 1; see Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 10 [ 10 Cal.Rptr.2d 183 , 832 P.2d 899 ] [finality core component of arbitration].) The Cheng-Canindin Court concluded “although [an] arbitration can take many procedural forms, a dispute resolution procedure is not an arbitration unless the

2004Where arbitration is voluntary, the disputing parties select the arbitrator who has the power to render a binding decision.’ [Citation.]” (Cheng-Canindin v. Renaissance Hotel Associates (1996) 50 Cal.App.4th 676, 684 [ 57 Cal.Rptr.2d 867 ], quoting from Black’s Law Dictionary (6th ed. 1990) p. 105, col. 1; see Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 10 [ 10 Cal.Rptr.2d 183 , 832 P.2d 899 ] [finality core component of arbitration].) The Cheng-Canindin Court concluded “although [an] arbitration can take many procedural forms, a dispute resolution procedure is not an arbitration unless the

22
Sy First Family Ltd. Partnership v. Cheunggreen
calctapp · 1999 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006Partnership v. Cheung (1999) 70 Cal.App.4th 1334, 1341-1342 [ 83 Cal.Rptr.2d 340 ].) Two motions to augment the record are denied.

2006Partnership v. Cheung (1999) 70 Cal.App.4th 1334, 1341-1342 [ 83 Cal.Rptr.2d 340 ].) Two motions to augment the record are denied.

11
Moncharsh v. Heily & Blasegreen
cal · 1992 · cited in 1 California opinions naming this issue, 2004–2004
2 sentences

2004Where arbitration is voluntary, the disputing parties select the arbitrator who has the power to render a binding decision.’ [Citation.]” (Cheng-Canindin v. Renaissance Hotel Associates (1996) 50 Cal.App.4th 676, 684 [ 57 Cal.Rptr.2d 867 ], quoting from Black’s Law Dictionary (6th ed. 1990) p. 105, col. 1; see Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 10 [ 10 Cal.Rptr.2d 183 , 832 P.2d 899 ] [finality core component of arbitration].) The Cheng-Canindin Court concluded “although [an] arbitration can take many procedural forms, a dispute resolution procedure is not an arbitration unless the

2004Where arbitration is voluntary, the disputing parties select the arbitrator who has the power to render a binding decision.’ [Citation.]” (Cheng-Canindin v. Renaissance Hotel Associates (1996) 50 Cal.App.4th 676, 684 [ 57 Cal.Rptr.2d 867 ], quoting from Black’s Law Dictionary (6th ed. 1990) p. 105, col. 1; see Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 10 [ 10 Cal.Rptr.2d 183 , 832 P.2d 899 ] [finality core component of arbitration].) The Cheng-Canindin Court concluded “although [an] arbitration can take many procedural forms, a dispute resolution procedure is not an arbitration unless the

11
In Re Marriage of Demblewskigreen
calctapp · 1994 · cited in 1 California opinions naming this issue, 1999–1999
2 sentences

1999Proc., §§ 644, 645; Jovine v. FHP, Inc., supra, 64 Cal.App.4th at p. 1522 ; In re Marriage of Demblewski (1994) 26 Cal.App.4th 232, 236 [ 31 Cal.Rptr.2d 533 ]; 6 Witkin, Cal. Procedure, supra, Proceedings Without Trial, §§ 68, 69, pp. 466-468.) An arbitration is defined as, “ ‘[a] process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties have an opportunity to be heard.

1999Proc., §§ 644, 645; Jovine v. FHP, Inc., supra, 64 Cal.App.4th at p. 1522 ; In re Marriage of Demblewski (1994) 26 Cal.App.4th 232, 236 [ 31 Cal.Rptr.2d 533 ]; 6 Witkin, Cal. Procedure, supra, Proceedings Without Trial, §§ 68, 69, pp. 466-468.) An arbitration is defined as, “ ‘[a] process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties have an opportunity to be heard.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
In Re Stephanie M. green
cal · 1994
1 sentence

2022Although father maintains visitation is “an element critical to promotion of the parents’ interest in the care and management of their child” and that a reduction in visitation may harm his ability to establish the parent-child beneficial relationship exception to termination at the section 366.26 hearing, his “interest in the care, custody and companionship of [minor is] no longer paramount.” (Stephanie M., supra, 7 Cal.4th at p. 317 .) Father has not shown any abuse of discretion with respect to the visitation order.

12022–2022
Jovine v. FHP, Inc. green
calctapp · 1998
1 sentence

1999Proc., §§ 644, 645; Jovine v. FHP, Inc., supra, 64 Cal.App.4th at p. 1522 ; In re Marriage of Demblewski (1994) 26 Cal.App.4th 232, 236 [ 31 Cal.Rptr.2d 533 ]; 6 Witkin, Cal. Procedure, supra, Proceedings Without Trial, §§ 68, 69, pp. 466-468.) An arbitration is defined as, “ ‘[a] process of dispute resolution in which a neutral third party (arbitrator) renders a decision after a hearing at which both parties have an opportunity to be heard.

11999–1999

Where else courts name it

NY 12 (1961–2026) CA 8 (1999–2022) IL 5 (2005–2025) NM 2 (1973–2010) MA 2 (1936–1983) LA 2 (2016–2023) PA 2 (1996–2010) GA 2 (1984–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check