Roitz v. Coldwell Banker Residential Brokerage Co

In Roitz v. Coldwell Banker Residential Brokerage Co. (1998) 62 Cal.App.4th 716, the court upheld an arbitration award in the face of an argument that the arbitrator had denied a requested continuance and had refused to hear testimony of certain medical witnesses. The court found that appellant had made no showing, either by affidavit or under oath, that the witnesses were necessary or that evidence expected to be given was material to the issues. The court also found that there was no offer of proof as to why the documentary evidence of medical records that was actually submitted at the hearing was insufficient to establish the facts of appellant's case. The court made the point that in arbitration proceedings documentary evidence is often used in lieu of live testimony. (Id. at p. 724.)