UMLS v. Bernstein: California Court of Appeal Addressed Disciplinary Actions for Failure to Arbitrate

In United Multiple Listing Service, Inc. (UMLS) v. Bernstein, the California Court of Appeal addressed disciplinary actions for failing to arbitrate.

A commission dispute arose between Bernstein and another member of UMLS, and Bernstein refused to submit to arbitration. After receiving due notice, Mr. Bernstein refused to appear at, or participate in, the hearing which led to his expulsion from the MLS. UMLS sought declaratory relief to determine the validity of its action in terminating the membership. Bernstein answered and cross-complained for injunctive and other forms of relief, claiming that the membership contract between UMLS and its members is a contract of adhesion, and that certain provisions contained therein violate the Cartwright Act and the Sherman Antitrust Act.

After dismissing those counts of the cross-complaint alleging antitrust violations, the trial court entered judgment in favor of UMLS on its complaint for declaratory relief, validating the action to terminate Bernstein.

United Multiple Listing Service, Inc. (UMLS) v. Bernstein, 134 Cal. App. 3d 486, 184 Cal. Rptr. 465 (1982).