Alexander v. Blue Cross of California

In Alexander v. Blue Cross of California (2001) 88 Cal.App.4th 1082, a plaintiff complained that an arbitrator exceeded his authority by failing to impose discovery sanctions that she believed were mandated by statute. (Id. at pp. 1086-1087.) Citing California Supreme Court decisions, the court reiterated that an arbitrator does not exceed his or her powers merely by rendering an erroneous decision on a legal or factual issue if the issue was within the scope of the controversy submitted for arbitration. (Id. at p. 1089.) The court concluded that by submitting the discovery issue to arbitration, the plaintiff could not later assert that the arbitrator exceeded his powers by deciding the matter, even if he decided it incorrectly. (Ibid.) Even if an arbitration agreement requires an arbitrator to apply a particular law, the failure to do so is not in excess of the arbitrator's powers. (Id. at p. 1090.) "A different conclusion would unduly extend the scope of judicial review of arbitration proceedings." (Ibid.)