JEVNE v. SUPERIOR COURT

No. S121532.

28 Cal.Rptr.3d 685 (2005)

35 Cal.4th 935

111 P.3d 954

Jack JEVNE et al., Petitioners, v. SUPERIOR COURT of Los Angeles County, Respondent; JB Oxford Holdings, Inc., et al., Real Parties in Interest.

Supreme Court of California.

May 23, 2005.


Attorney(s) appearing for the Case

Law Offices of Zilinskas & Woosley, Victor G. Zilinskas and Eric A. Woosley, Santa Barbara, for Petitioners.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Andrea Lynn Hoch, Chief Assistant Attorney General, David S. Chaney, Assistant Attorney General, Lawrence K. Keethe and Amy J. Winn, Deputy Attorneys General, for Attorney General Bill Lockyer as Amicus Curiae on behalf of Petitioners.

Kate Gordon, Arthur Bryant, Michael J. Quirk; McGuinn, Hillsman & Palefsky and Cliff A. Palefsky, San Francisco, for California Employment Lawyers Association and Trial Lawyers for Public Justice as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Miller Milove & Kob, Jeffrey S. Kob, San Diego, and W. Richard Sintek for Real Parties in Interest.

Conkle & Olesten and Eric S. Engel, Santa Monica, as Amici Curiae on behalf of Real Parties Interest.

George R. Kramer; Munger, Tolles & Olson, Marc T. G. Dworsky, Paul J. Watford, Los Angeles, and Anne M. Voigts, San Francisco, for Securities Industry Association as Amicus Curiae on behalf of Real Parties in Interest.

Milbank, Tweed, Hadley & McCloy, Douglas W. Henkin and M. Benjamin Valerio for New York Stock Exchange, Inc., as Amicus Curiae.

Gibson, Dunn, & Crutcher and Mark A. Perry, Washington D.C., for NASD Dispute Resolution, Inc., as Amicus Curiae.

Giovanni P. Prezioso, Jacob H. Stillman, Eric Summergrad, John W. Avery and Meyer Eisenberg for Securities and Exchange Commission as Amicus Curiae.

Horvitz & Levy, David S. Ettinger, Encino, and Mitchell C. Tilner for Judicial Council of California as Amicus Curiae.


KENNARD, J., Acting C.J.

In 2001, the California Legislature enacted Code of Civil Procedure section 1281.85, subdivision (a) (hereafter section 1281.85(a)), which directed the California Judicial Council to establish ethics standards for persons serving as neutral arbitrators under contractual arbitration agreements. (Stats.2001, ch. 362, § 4.) As explained in a legislative report, the Legislature's purpose was "to provide basic measures of consumer protection...

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