Hunt test in California

2022They “‘are not bound to award on principles of dry law, but may decide on principles of equity and good conscience, and make their award ex aequo et bono [according to what is just and good].’ . . . ‘“Parties who stipulate in an agreement that controversies that may arise out of it shall be settled by arbitration, may expect not only to reap the advantages that flow from the use of that nontechnical, summary procedure, but also to find themselves bound by an award reached by paths neither marked nor traceable and not subject to judicial review.”’” ( Moncharsh, supra, 3 Cal.4th at pp. 10-11.) B

2022They “‘are not bound to award on principles of dry law, but may decide on principles of equity and good conscience, and make their award ex aequo et bono [according to what is just and good].’ . . . ‘“Parties who stipulate in an agreement that controversies that may arise out of it shall be settled by arbitration, may expect not only to reap the advantages that flow from the use of that nontechnical, summary procedure, but also to find themselves bound by an award reached by paths neither marked nor traceable and not subject to judicial review.”’” ( Moncharsh, supra, 3 Cal.4th at pp. 10-11.) B

2022As such, Mayhew’s related motion to strike or disregard portions of Starr and Hunt’s brief is rendered moot. 7 arbitrator’s reasoning, or the sufficiency of the evidence supporting an arbitrator’s award. . . . ‘[E]very reasonable intendment must be indulged in favor of the award.’” (Luster v. Collins (1993) 15 Cal.App.4th 1338, 1344-1345 .) Arbitrators also have wide latitude in crafting awards.

2022As such, Mayhew’s related motion to strike or disregard portions of Starr and Hunt’s brief is rendered moot. 7 arbitrator’s reasoning, or the sufficiency of the evidence supporting an arbitrator’s award. . . . ‘[E]very reasonable intendment must be indulged in favor of the award.’” (Luster v. Collins (1993) 15 Cal.App.4th 1338, 1344-1345 .) Arbitrators also have wide latitude in crafting awards.

2021Under Hunt, if the first two criteria are met, an association does have standing if “neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.” (Hunt, supra, 432 U.S. at p. 343 ; Teamsters, supra, 190 Cal.App.3d at p. 1522 .) As summarized above, ALADS proved its lost compensation damages without calling any individual ALADS member.

2021Under Hunt, if the first two criteria are met, an association does have standing if “neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.” (Hunt, supra, 432 U.S. at p. 343 ; Teamsters, supra, 190 Cal.App.3d at p. 1522 .) As summarized above, ALADS proved its lost compensation damages without calling any individual ALADS member.

2021Plainly, the members of ALADS “would otherwise have standing to sue in their own right” for the loss of their salary increases and, just as plainly, the interest ALADS seeks to protect is “germane to the organization's purpose.” (Hunt, supra, 432 U.S. at p. 343 .) Defendants contend, however, that ALADS has not satisfied the third prong of the Hunt test.

2021Plainly, the members of ALADS “would otherwise have standing to sue in their own right” for the loss of their salary increases and, just as plainly, the interest ALADS seeks to protect is “germane to the organization's purpose.” (Hunt, supra, 432 U.S. at p. 343 .) Defendants contend, however, that ALADS has not satisfied the third prong of the Hunt test.

2015(Russell, supra, 81 Cal.App.4th at p. 102 .) “[T]he question is whether the police diligently pursued a means of investigation reasonably designed to confirm or dispel their suspicions quickly.” (Ibid.) Here, circumstances that developed during the stop, namely, defendant’s suspicious answer to Hunt’s inquiry about the warrant and his nervous manner, created reasonable suspicion sufficient to support prolonging the detention for the limited time that it took for Hunt to request and receive permission to search the car.

1974(See, e.g., Committee for Public Education v. Nyquist (1973) supra, 413 U.S. 756, 770-771, fn. 28 [ 37 L.Ed.2d 948 ; 961-962]; Everson v. Board of Education (1947) supra, 330 U.S. 1, 9-14 ; id. at pp. 33-43 [ 91 L.Ed. 711 , 720-723: id. at pp. 732-737] (Rutledge, J., dissenting).) 8 Of course, if the Authority were to exercise its powers in aid of an institution which is pervasively sectarian within the meaning of the Hunt test, a different conclusion might be compelled.

1974(See, e.g., Committee for Public Education v. Nyquist (1973) supra, 413 U.S. 756, 770-771, fn. 28 [ 37 L.Ed.2d 948 ; 961-962]; Everson v. Board of Education (1947) supra, 330 U.S. 1, 9-14 ; id. at pp. 33-43 [ 91 L.Ed. 711 , 720-723: id. at pp. 732-737] (Rutledge, J., dissenting).) 8 Of course, if the Authority were to exercise its powers in aid of an institution which is pervasively sectarian within the meaning of the Hunt test, a different conclusion might be compelled.