CRAIG M. KELLISON, Magistrate Judge.
Plaintiff, who is proceeding pro se, brings this civil action. On November 12, 2015, the matter was stayed pending arbitration. On September 8, 2017, defendants filed a status report indicating that a final binding arbitration decision had been issued on July 7, 2017. Pending before the court are: (1) plaintiff's "Notice of Appeal" of the arbitration award (Doc. 13); (2) plaintiff's request to vacate the arbitration award (Doc. 15); (3) plaintiff's motion to proceed with the case (Doc. 16); and (4) defendants' motion for confirmation of the arbitration award (Doc. 17). A hearing was held before the undersigned on January 10, 2018. Plaintiff appeared pro se. Ruby Wood, Esq., appeared for defendants. Upon completion of argument, the matter was submitted.
This matter was removed by defendants from the Butte County Superior Court on September 30, 2015. On October 7, 2015, defendants filed a motion to compel binding arbitration pursuant to the agreements of the parties. Plaintiff did not oppose that motion. On November 12, 2015, the District Judge issued a minute order granting defendants' motion to compel arbitration and stay proceedings, concluding that the parties had entered into a valid arbitration agreement encompassing all the claims raised in the complaint. On September 8, 2017, defendants filed a status report indicating that a final and binding arbitration decision had been issued on July 7, 2017, and that a stipulation for dismissal had been presented to plaintiff. On September 7, 2017, plaintiff filed his own status report indicating that he would agree to dismissal of the action. On October 11, 2017, the court lifted the stay entered on November 12, 2015, and directed defendants to file a response to the complaint within 30 days. The current motions followed.
It is undisputed that the parties entered into valid agreements providing for binding arbitration on all the claims encompassed by plaintiff's complaint. It is also undisputed that an arbitration was held and that a final award in defendants' favor was issued on July 7, 2017. Under the Federal Arbitration Act, 9 U.S.C. § 9, and the California Arbitration Act, Cal. Code Civil Pro. § 1286, the court must confirm an arbitration award.
Under the Federal Arbitration Act, an arbitration award may be vacated if: (1) it is procured by corruption, fraud, or undue means; (2) where there was evident partiality or corruption in the arbitrator; (3) where the arbitrator was guilty of misconduct in refusing to postpone a hearing, in refusing to hear evidence, or any other misbehavior resulting in prejudice; or (4) where the arbitrator so exceeded his powers, or so imperfectly executed them, that a mutual, final, and definite award on the merits was not made.
According to plaintiff, the arbitrator failed to protect his statutory rights under California Health & Safety Code § 1278.5 and California Business and Professions Code § 809. A review of plaintiff's filings, however, reflects that he is challenging the arbitrator's assessment of the facts and the application of the law to those facts. For example, plaintiff repeatedly argues that the arbitrator's factual finding was erroneous. Plaintiff also argues that the evidence was insufficient to support the award. As defendants correctly note, such arguments are beyond the scope of judicial review.
At the hearing, plaintiff argued that he never agreed to binding arbitration and that his prior counsel had coerced him into the process. This argument is also unavailing. First, the court notes that plaintiff never raised this argument in the context of the arbitration. Second, plaintiff did not oppose defendants' motion to compel arbitration. Third, in ordering the parties to participate in arbitration, the District Judge found the arbitration agreements to be valid.
Based on the foregoing, the undersigned recommends that:
1. Defendants' motion for confirmation of the July 7, 2017, arbitration award (Doc. 17) be granted;
2. The July 7, 2017, arbitration award be confirmed;
3. All other pending motions (Docs. 13, 15, and 16) be denied; and
4. The Clerk of the Court be directed to enter judgment and close this file.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days after being served with these findings and recommendations, any party may file written objections with the court. Responses to objections shall be filed within 14 days after service of objections. Failure to file objections within the specified time may waive the right to appeal.