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GUEYFFIER v. ANN SUMMERS, LTD.

No. S148568.

43 Cal.4th 1179 (2008)

CELINE GUEYFFIER, Plaintiff and Respondent, v. ANN SUMMERS, LTD., Defendant and Appellant.

Supreme Court of California.

June 9, 2008.

Attorney(s) appearing for the Case

Jenkens & Gilchrist, Bryan Cave, Jed P. White, Glenn J. Plattner and Keith D. Klein for Defendant and Appellant.

Zelle, Hoffman, Voelbel, Mason & Gette, Squires, Sanders & Dempsey, Douglas J. Rovens, Marc J. Shrake and Jeffrey S. Renzi for Plaintiff and Respondent.

OPINION

WERDEGAR, J.

Does an arbitrator exceed his powers when he applies equitable defenses to excuse a party from performing a material condition of an agreement that provides the arbitrator may not modify or change any of the agreement's material provisions? We hold he does not.

Celine Gueyffier and Ann Summers, Ltd. (Ann Summers), a British retailer, had a franchise agreement under which Gueyffier was to open an Ann Summers store...

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