Laserfiche WebLink
discovery (other than time limitations, which must conform to the foregoing schedule) and the <br />provisions of thc California Evidence Code shall be applicable to such proceeding. If the <br />arhitrator is deciding issues where agreement by the parties is required or contemplated but not <br />theretofore reached, then the arbitrator shall make a decision only on those issues or subissues <br />concerning which there is no agreement of the parties, and the arbitrator's decision shall not he <br />greater or lesser in amount or scope than the range of offers made by the parties on the issue. In <br />all cases. the arbitrator shall snake findings on all issues of fact raised by the parties in the Notice <br />of Default. The arbitrator shall issue his determination within ten (10) business days following <br />the conclusion of the arbitration proceedings. The determination of the arhitrator and the facts <br />admitted under this Section above shall he conclusive subject to vacation or correction solely on <br />the bases set forth in California Code of Civil Procedure Sections 1286.2 and 1286.6, except that <br />the Court shall review de novo all questions of law based exclusively on the findings of fact by <br />the arhitrator. which are decried stipulated by the parties, either in a hearing on a petition as <br />described in California Code of Civil Procedure Section 1285. ct seq., or in a new action filed to <br />enforce a party's rights under this Agreement, and on any additional facts required to be found in <br />order to reach a decision. <br />NOTICE: BY INITIALING IN THE SPACE BELOW, THE I'ARTIF.S ARE <br />AGREEING TO HAVE THE ARBITRABLE CLAIMS DECIDED BY NEUTRAL <br />ARBITRATION AS PROVIDED BY CALIFORNIA AND FEDERAL LAW AND THE <br />PARTIES ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE <br />ARBITRATED ISSUES LITIGATED IN A COURT OR BY JURY TRIAL. BY <br />INITIALING IN THE SPACE BELOW, THE PARTIES ARE GIVING UP THEIR <br />JUDICIAL RIGHTS OF APPEAL. IF ANY PARTY REFUSES TO SUBMIT TO <br />ARBITRATION AFTER AGREEING TO THIS AGREEMENT, SUCH PARTY MAY BE <br />COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF CALIFORNIA OR <br />FEDERAL LAW. EACH PARTY 1S ENTERING INTO THIS AGREEMENT <br />VOLUNTARILY. THE PARTIES HAVE READ AND UNDERSTAND THE <br />FOREGOING AND AGREE TO SUBMIT THE ARBITRABLE CLAIMS TO NEUTRAL <br />ARBITRATIONS. <br />INITIALS: INITIALS: <br />DATED: DATED: <br />17 <br />