What is the legal basis for a husband and wife's arbitration claim?

California, United States of America


The following excerpt is from Elden v. Superior Court, 53 Cal.App.4th 1497, 62 Cal.Rptr.2d 322 (Cal. App. 1997):

Husband and Wife submitted their dispute to an arbitrator pursuant to their written agreement. This case thus involves private or nonjudicial arbitration. [53 Cal.App.4th 1508] (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 8, 10 Cal.Rptr.2d 183, 832 P.2d 899.) This being so, the controversy was removed from the procedures applicable to trials.

Page 328

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