Amended in Senate May 3, 2016

Amended in Senate April 13, 2016

Senate BillNo. 1007


Introduced by Senator Wieckowski

February 10, 2016


An actbegin delete to amend Section 1286.2 of, andend delete to add Section 1282.5begin delete to,end deletebegin insert toend insert the Code of Civil Procedure, relating to arbitration.

LEGISLATIVE COUNSEL’S DIGEST

SB 1007, as amended, Wieckowski. Arbitration: transcription by certified shorthand reporter.

Existing law establishes standards for arbitration, and requires a court to vacate an arbitration award if it makes certain findings.

This bill would provide that a party to an arbitration has the right to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing as the official record. The bill would requirebegin insert a party requesting a certified shorthand reporter to make his or her request upon the initiation of the arbitration or at the time that any deposition, proceeding, or hearing is being calendared, and would also requireend insert the party requesting the transcript to incur the expense of the certified shorthand reporter, except as specified in a consumer arbitration. The bill wouldbegin delete also require a court to vacate an arbitration award if the court determines that an arbitrator refused aend deletebegin insert authorize a party whose request has been refused by the arbitrator to petition the court for an order to compel the arbitrator to grant theend insert party’s request to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1282.5 is added to the Code of Civil
2Procedure
, to read:

3

1282.5.  

(a) begin insert(1)end insertbegin insertend insertA party to an arbitration has the right to have
4a certified shorthand reporter transcribe any deposition, proceeding,
5or hearing. The transcript shall be the official record of the
6deposition, proceeding, or hearing.

begin insert

7
(2) A party requesting a certified shorthand reporter shall make
8his or her request upon the initiation of the arbitration or at the
9time that any deposition, proceeding, or hearing is being
10calendared.

end insert

11(b) If an arbitration agreement does not provide for a certified
12shorthand reporter, the party requesting the transcript shall incur
13the expense of the certified shorthand reporter. However, in a
14consumer arbitration, a certified shorthand reporter shall be
15provided upon request of an indigent consumer, as defined in
16Section 1284.3, at the expense of the nonconsumer party.

17(c) If an arbitrator refuses to allow a party to have a certified
18shorthand reporter transcribe any deposition, proceeding, or hearing
19pursuant to thisbegin delete section and an award is made, the court shall vacate
20the award under paragraph (7) of subdivision (a) of Section 1286.2.end delete

21
begin insert section, the party may petition the court for an order to compel
22the arbitrator to grant the party’s request.end insert

begin delete
23

SEC. 2.  

Section 1286.2 of the Code of Civil Procedure is
24amended to read:

25

1286.2.  

(a) Subject to Section 1286.4, the court shall vacate
26the award if the court determines any of the following:

27(1) The award was procured by corruption, fraud, or other undue
28means.

29(2) There was corruption in any of the arbitrators.

30(3) The rights of the party were substantially prejudiced by
31misconduct of a neutral arbitrator.

32(4) The arbitrators exceeded their powers and the award cannot
33be corrected without affecting the merits of the decision upon the
34controversy submitted.

35(5) The rights of the party were substantially prejudiced by the
36refusal of the arbitrators to postpone the hearing upon sufficient
37cause being shown, by the refusal of the arbitrators to hear evidence
P3    1material to the controversy, or by other conduct of the arbitrators
2contrary to the provisions of this title.

3(6) An arbitrator making the award either: (A) failed to disclose
4within the time required for disclosure a ground for disqualification
5of which the arbitrator was then aware; or (B) was subject to
6disqualification upon grounds specified in Section 1281.91 but
7failed, upon receipt of timely demand, to disqualify himself or
8herself as required by that provision. However, this subdivision
9does not apply to arbitration proceedings conducted under a
10collective bargaining agreement between employers and employees
11or between their respective representatives.

12(7) An arbitrator refused a party’s request under Section 1282.5
13for a shorthand reporter.

14(b) Petitions to vacate an arbitration award pursuant to Section
151285 are subject to the provisions of Section 128.7.

end delete


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