Sanker v. Brown

In Sanker v. Brown (1985) 167 Cal. App. 3d 1144, the court did not find the client had ratified the attorney's agreement to binding arbitration, even after the arbitration was completed and the client did not like the result. The client never authorized the attorney to stipulate to binding arbitration, and at the time the arbitration proceedings took place, the client believed the resulting decision would be nonbinding. The Sanker court held that Blanton v. Womancare, Inc. (1985) required the agreement for binding arbitration to be thrown out because, just as in Blanton, the attorney in Sanker had no apparent authority to bind the client. Sanker, like Blanton, did not present the situation where the client had expressly authorized the attorney to stipulate to binding arbitration. In the case before us, on the other hand, the client had expressly authorized the attorney to stipulate.