This decision vacates an arbitration award under CCP 1286.2 as having been obtained by “undue means” when the arbitrators received and relied on an ex parte, confidential brief submitted by the claimant but not served on the respondent.  The brief significantly expanded the issues raised beyond those set out in the claimant’s formal claim in arbitration, the award ruled in the claimant’s favor on the expanded issues, and the respondent never got a fair opportunity to present evidence and argument on those issues.

California Court of Appeal, Second District, Division Two (Lui, P.J.); April 25, 2018; 2018 Cal. App. LEXIS 364