Aguilar v. Lerner

In Aguilar v. Lerner (2004) 32 Cal.4th 974, after losing in arbitration, the plaintiff (client) moved to vacate the arbitration award, contending the parties' arbitration agreement was unenforceable because it was contrary to the mandatory fee arbitration act, set forth in section 6200, et seq. The plaintiff contended the arbitrator exceeded his powers in resolving the parties' dispute because the agreement to arbitrate "contravened both plaintiff's statutory rights as set forth in the mandatory fee arbitration act and the public policy underlying the statute." (Aguilar, at pp. 982-983.) The court agreed judicial review was appropriate because "enforcement of an arbitration agreement that violates a plaintiff's rights under the mandatory fee arbitration act would exceed the arbitrator's powers." (Id. at p. 983.)