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p1583 In a dispute between a home buyer and seller regarding the fact a pool fence encroached on a neighboring country club's land, the trial court properly vacated the arbitrator's award in favor of the buyer because under Code of Civil Procedure § 1286.2(a) (5), the seller was “substantially prejudiced” by the arbitrator's exclusion of evidence that the title company solved the problem by making a small payment to the country club.
CitationBURLAGE v SUPERIOR COURT (Vacation of Arbitration) 178 CA4 524 [See CCP 1286.2; Moncharsh v Heily & Blasé 3 C4 1]
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