WINOGRAD v. AMERICAN BROADCASTING CO.

No. B104031.

80 Cal.Rptr.2d 378 (1998)

68 Cal.App.4th 624

Cary Stephen WINOGRAD, Plaintiff and Appellant, v. AMERICAN BROADCASTING COMPANY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

As Modified January 7, 1999.

Review Denied March 9, 1999.


Attorney(s) appearing for the Case

Fogel, Feldman, Ostrov, Ringler & Klevens, Larry R. Feldman, Lester G. Ostrov, Jerome L. Ringer and Thomas H. Peters, Santa Monica, for Plaintiff and Appellant.

Brumer, Rubin & Weston, William S. Weston, Los Angeles, Paul L. Shardlow and Karineh J. Minassian for Defendant and Respondent.


ZEBROWSKI, J.

This case concerns the interpretation and application of a stipulation entered into orally before the court. The stipulation constituted an agreement to arbitrate, but it intermingled characteristics of both judicial and contractual arbitration. For that reason it was ambiguous, and a dispute over its meaning resulted. The trial court denied plaintiffs petition to compel arbitration, and plaintiff appeals. (Code of Civ. Proc., § 1294 ["An aggrieved...

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