Medical malpractice arbitration 570
April 17th, 2012 
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Maaso v Signer 203 Cal.App.4th 362 (2012) (2/2) Medical malpractice arbitration. Maaso made 998 offer, then went to arbitration. San-Diego-Auto-Accident-lawyer During deliberations defense-arbitrator innocently had ex parte communication with neutral mediator. Trial court vacated arbitration. In 2d arbitration Maaso mentioned existence of 998 offer, but not amount. Award beat 998, but arbitrators omitted any 998-enhanced costs. Arbitration confirmed, affirmed. [1] Proper to vacate first arbitration as within CCP § 1286.2 definition of “undue means,” even without finding of culpability. [2] Neutral’s declaration that he was not affected by ex parte communication properly found inadmissible Ev C § 703.5. [3] Determining 998 award is within arbitrators’ discretion; Maaso not entitled to costs where he only mentioned 998 and did not request it from arbitrators. San Diego personal injury attorney