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P0192 When deciding cross motions to confirm and vacate an arbitration award, a trial court's reliance on a letter from the arbitrator declaring that the arbitration was binding was an abdication of the judicial function to determine whether the arbitrator exceeded his powers by issuing a binding award after the parties agreed only to nonbinding arbitration; the Evidence Code generally prohibits arbitrator testimony concerning the arbitration.CitationTRABUCO v HEAD (Non-binding Arbitration) 96 CA4 1183 [See: EvC 703.5; Moncharsh v Heily 3 C4 1]
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