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Asker
Posted about 2 years ago.

I alleged fraud during arbitration, but the matter was not addressed by the arbitrator, and as such, this particular matter was never adjudicated.

Christine C McCall
Christine C McCall, Administrative Law Lawyer - Pasadena, CA
Posted about 2 years ago.

In my experience, that contention will not suffice to overturn the arbitration result. In my experience, the award is vulnerable to judicial reversal only if there is admissible evidence of fraud underlying the arbitrator's decision, a very high and narrow standard. The experience of other practitioners may differ.

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Asker
Posted about 2 years ago.

Thank you, but I am not trying to get the arbitration award overturned. I know it's almost an impossible battle to win in CA. I am talking about bringing an independent law suit for Consumer Fraud against TBI Mortgage (an affiliate of the builder) for procuring a fictitious loan approval letter with the intent of retaining my deposits.

Christine C McCall
Christine C McCall, Administrative Law Lawyer - Pasadena, CA
Posted about 2 years ago.

The need for you to consult specifically and individually with a skilled and experienced litigator is fully apparent from our exchange in these post-question comments. I am concerned that your fraud issue was subsumed in the issues of the claim(s) that was arbitrated; you seem certain that it was not. My concern is based in part on the laws against splitting of causes of action. Even if the fraud claim is not specifically pre-empted by the arbitration, there may be conclusive pre-emption as to specific factual contentions and issues in any subsequent civil by the necessary underpinnings to the arbitration result.

Consult with an attorney who can give you the detailed and incisive analysis that your situation merits. Avvo is great for identifying pitfalls and alerting consumers to the broad legal issues. But, for finely ground analyses, the capabilities of this Q and A service are quickly exhausted.