While I might generally agree that the arbitrator determines his/her own jurisdiction, and the participation by this contesting party in the arbitration would ordinarily constitute a waiver or acquiescence, you now have an appeals court opinion that says both of us are wrong. If there is still time within which to petition for review to the Supreme Court, and the value is worth the time and money to pursue it, then there is the remote possibility that the Court of Appeals might be reversed. You should consult with experienced real estate appellate attorneys as soon as possible.
Without looking at the terms of the reference document, the underlying arbitration agreement, the claims that you brought, and the appellate opinion, it isn't possible to tell you much -- other than the Court of Appeal wins this argument regardless of what you or I think.
The whole issue of when someone not a party to an arbitration agreement can be required to arbitrate because of his relationship to a signatory is complicated. In any event, your only remedy lies with the Supreme Court if you choose to pursue it. I also would talk with your attorney about this matter in more detail, so that you are sure you understand what the Court of Appeal said.
I am uncertain you correctly understand and stated the facts.
You mention going to court to "attest" (confirm?) the judgment. Is that the court that struck one of the defendants? Or, did that court confirm the judgment and one of the defendants appealed that judgment and the appellate court dismissed one of the defendants from the case?
Your answer makes a lot of difference in how you might proceed to correct error, if error in occurred. You have a VERY short window to correct any error, perhaps a little as 10 days from entry of judgment. Seek legal counsel immediately. Good luck.
Michael R. Daymude, Attorney at Law
Sherman Oaks Galleria – Comerica Bank Building
15303 Ventura Boulevard, Suite 900
Sherman Oaks, CA 91403-3199
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