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MORGAN PHILLIPS v. JAMS/ENDISPUTE, L.L.C.

No. B183934.

44 Cal.Rptr.3d 782 (2006)

140 Cal.App.4th 795

MORGAN PHILLIPS, INC., Plaintiff and Appellant, v. JAMS/ENDISPUTE, et al., Defendants and Respondents.

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

June 20, 2006.

Attorney(s) appearing for the Case

Shapiro, Rodarte & Freedman, Cindy F. Forman, Thomas W. Foote and Daniel D. Rodarte, Santa Monica, for Plaintiff and Appellant.

Long & Levit, Joseph P. McMonigle, Beth A. Trittipo, San Francisco, and Jessica Rudin MacGregor for Defendants and Respondents.

Certified for Partial Publication.*

WILLHITE, J.

If an arbitrator withdraws from an arbitration proceeding for no stated ethical reason following evidence and argument, and offers to continue mediation efforts but refuses to render an arbitration award, does the doctrine of arbitral immunity protect the arbitrator from suit? We hold that because such conduct defeats rather than serves...

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