California Appellate Tracker

Khorsand v. Liberty Mutual Fire Ins. Co.

March 4, 2018

Party-selected appraisers are “arbitrators” within the meaning of Evidence Code section 703.5, which renders their testimony inadmissible for most purposes.

Under Evid. Code section 703.5, an arbitrator’s declaration or live testimony is inadmissible except for extremely limited purposes such as to show bias or conduct constituting contempt or a crime. Accord: Cobler v. Stanley, Barber, Southard, Brown & Associates (1990) 217 Cal.App.3d 518, 528. This section applies to and limits the admissibility of party-nominated arbitrators or appraisers in three-arbitrator/appraiser proceedings in which only the umpire or third arbitrator (chosen by the other two) is truly neutral.

California Court of Appeal, Second District, Division Four (Manella, J.); February 27, 2018; 2018 WL 1062404.

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Khorsand v. Liberty Mutual Fire Ins. Co.

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