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BERGLUND v. ARTHROSCOPIC & LASER SURGERY CENTER OF SAN DIEGO, L.P.

No. S144813.

44 Cal.4th 528 (2008)

DANIEL L. BERGLUND, Plaintiff and Respondent, v. ARTHROSCOPIC & LASER SURGERY CENTER OF SAN DIEGO, L.P., Defendant and Appellant.

Supreme Court of California.

July 17, 2008.

Attorney(s) appearing for the Case

Higgs, Fletcher & Mack, John Morris, William A. Miller and Michael S. Faircloth for Defendant and Appellant.

Law Office of Marc O. Stern and Marc O. Stern for Plaintiff and Respondent.

OPINION

KENNARD, J.

Must a discovery dispute involving a nonparty to an arbitration proceeding be submitted first to the arbitrator? If so, what is the scope of judicial review of an arbitrator's order compelling a nonparty to the arbitration to comply with a party's discovery subpoena? We conclude, as the Court of Appeal did, that the dispute must be submitted first to the arbitral, not the...

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