Party was not required to present his Code of Civil Procedure Sec. 998 request for costs to an arbitrator before the arbitration award was rendered, because an offer which is not accepted "cannot be given in evidence upon the trial or arbitration." In the course of his request to confirm the arbitration award, party established that the arbitrator had refused to hear any evidence of opposing party's rejection of Sec. 998 offer. Party timely presented his Sec. 998 claim to the arbitrator, the arbitrator should have reached the merits of that claim, and the arbitrator's refusal to hear evidence of the Sec. 998 offer warranted partially vacating the arbitration award.
Heimlich v. Shivji - filed May 31, 2017, Sixth District
Cite as 2017 S.O.S. 2743
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Read the case. Shivji NEVER presented the 998 offer to the arbitrator until 6 days AFTER the Final Arbitration Award was issued. The arbitrator could do nothing as after the Final Award is issued he losses all authority in the case.
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