Schlessinger v. Rosenfeld, Meyer & Susman

In Schlessinger v. Rosenfeld, Meyer & Susman (1995) 40 Cal.App.4th 1096, the arbitrator conducted a summary adjudication procedure without hearing any oral testimony. The court found that this was authorized by the arbitration statutes, in the arbitrator's discretion. Section 1282.2, subdivision (c), provides that the "arbitrator shall preside at the hearing, shall rule on the admission and exclusion of evidence and on questions of hearing procedure and shall exercise all powers relating to the conduct of the hearing." The court in Schlessinger found that "this language is sufficiently broad to permit an arbitrator to conduct a hearing on a summary adjudication motion in lieu of a hearing with oral testimony." (Id. at p. 1106.) Since the appellant in that case had submitted considerable documentary evidence, the court concluded that he was not precluded from offering material evidence and that he had a fair opportunity to present his case.