This case was last updated from Los Angeles County Superior Courts on 12/16/2019 at 13:29:52 (UTC).

ARDEN SILVERMAN VS MAHAFFEY LAW GROUP, PC

Case Summary

On 04/02/2019 ARDEN SILVERMAN filed an Other - Arbitration lawsuit against MAHAFFEY LAW GROUP, PC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1039

  • Filing Date:

    04/02/2019

  • Case Status:

    Other

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Petitioner

SILVERMAN ARDEN DBA CAPITAL ASSET PROTECTION

Defendant

STRATEGIC BUSINESS SERVICES LLC

Respondent

MAHAFFEY LAW GROUP PC

Attorney/Law Firm Details

Petitioner Attorney

KALAJIAN JOHN M.

 

Court Documents

Notice (name extension) - Notice NOTICE OF RULING

12/5/2019: Notice (name extension) - Notice NOTICE OF RULING

Amended Complaint - Amended Complaint Second Amended Petition

12/13/2019: Amended Complaint - Amended Complaint Second Amended Petition

Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award; He...)

10/8/2019: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award; He...)

Notice (name extension) - Notice OF CONTINUED HEARING ON AMENDED PETITION TO CONFIRM ARBITRATION DATE

10/8/2019: Notice (name extension) - Notice OF CONTINUED HEARING ON AMENDED PETITION TO CONFIRM ARBITRATION DATE

Request for Judicial Notice - Request for Judicial Notice

9/25/2019: Request for Judicial Notice - Request for Judicial Notice

Opposition (name extension) - Opposition TO PETITIONERS AMENDED PETITION TO CONFIRM ARBITRATION AWARD

9/25/2019: Opposition (name extension) - Opposition TO PETITIONERS AMENDED PETITION TO CONFIRM ARBITRATION AWARD

Notice (name extension) - Notice NOTICE OF CONTINUED HEARING DATE

8/5/2019: Notice (name extension) - Notice NOTICE OF CONTINUED HEARING DATE

Notice (name extension) - Notice NOTICE OF CONTINUED HEARING DATE

8/5/2019: Notice (name extension) - Notice NOTICE OF CONTINUED HEARING DATE

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

7/29/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Ruling and Notice of Hearing

5/16/2019: Notice (name extension) - Notice of Ruling and Notice of Hearing

Ex Parte Application (name extension) - Ex Parte Application to Specially Set and Shorten Time on Respondent's Motion to Quash Service of Summons

5/10/2019: Ex Parte Application (name extension) - Ex Parte Application to Specially Set and Shorten Time on Respondent's Motion to Quash Service of Summons

Order (name extension) - Order Granting Respondent's Ex Parte Application to Specially Set and Shorten Time

5/10/2019: Order (name extension) - Order Granting Respondent's Ex Parte Application to Specially Set and Shorten Time

Request for Judicial Notice - Request for Judicial Notice IN SUPPORT OF ITS MOTION TO VACATE ARBITRATION AWARD BASED ON ARBITRATOR EXCEEDING AUTHORITY BY ENTERING AWARD FOR A NON-PARTY TO THE CONTRACT

5/2/2019: Request for Judicial Notice - Request for Judicial Notice IN SUPPORT OF ITS MOTION TO VACATE ARBITRATION AWARD BASED ON ARBITRATOR EXCEEDING AUTHORITY BY ENTERING AWARD FOR A NON-PARTY TO THE CONTRACT

Motion to Vacate (name extension) - Motion to Vacate Arbitration Award

5/2/2019: Motion to Vacate (name extension) - Motion to Vacate Arbitration Award

Motion to Quash - Motion to Quash

4/19/2019: Motion to Quash - Motion to Quash

Notice of Hearing on Petition - Notice of Hearing on Petition

4/2/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

4/2/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

First Amended Standing Order - First Amended Standing Order

4/2/2019: First Amended Standing Order - First Amended Standing Order

17 More Documents Available

 

Docket Entries

  • 12/13/2019
  • DocketAmended Complaint Second Amended Petition; Filed by: Arden Silverman (Petitioner); As to: Mahaffey Law Group, PC (Respondent); Strategic Business Services, LLC (Defendant)

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  • 12/05/2019
  • DocketNotice NOTICE OF RULING; Filed by: Arden Silverman (Petitioner); As to: Mahaffey Law Group, PC (Respondent)

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  • 12/05/2019
  • DocketMinute Order (Hearing on Motion to Vacate Arbitration Award; Hearing on Pet...)

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  • 12/05/2019
  • DocketHearing on Motion to Vacate Arbitration Award scheduled for 12/05/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/05/2019; Result Type to Held

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  • 12/05/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 12/05/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/05/2019; Result Type to Held

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  • 10/09/2019
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 10/08/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 12/05/2019 10:30 AM

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  • 10/09/2019
  • DocketOn the Court's own motion, Hearing on Motion to Vacate Arbitration Award scheduled for 10/08/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 12/05/2019 10:30 AM

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  • 10/08/2019
  • DocketNotice OF CONTINUED HEARING ON AMENDED PETITION TO CONFIRM ARBITRATION DATE; Filed by: Arden Silverman (Petitioner); As to: Mahaffey Law Group, PC (Respondent)

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  • 10/08/2019
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award; He...)

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  • 10/01/2019
  • DocketReply in Support of Motion to Vacate; Filed by: Mahaffey Law Group, PC (Respondent)

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28 More Docket Entries
  • 04/29/2019
  • DocketProof of Personal Service; Filed by: arden silverman (Petitioner); As to: Mahaffey Law Group, PC (Respondent); Service Date: 04/09/2019; Service Cost Waived: No

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  • 04/19/2019
  • DocketHearing on Motion to Quash Service of Summons scheduled for 07/09/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/19/2019
  • DocketMotion to Quash; Filed by: Mahaffey Law Group, PC (Respondent)

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  • 04/04/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 08/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/04/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/02/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: arden silverman (Petitioner); As to: Mahaffey Law Group, PC (Respondent)

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  • 04/02/2019
  • DocketCivil Case Cover Sheet; Filed by: arden silverman (Petitioner); As to: Mahaffey Law Group, PC (Respondent)

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  • 04/02/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 04/02/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/02/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP01039    Hearing Date: December 05, 2019    Dept: 94

PETITION TO CONFIRM ARBITRATION

(CCP § 1285)

MOTION TO VACATE ARBITRATION AWARD

(CCP § 1286.2)

ANALYSIS:

I. Background

On February 6, 2019, an arbitrator issued an Arbitration Award in favor of non-party Strategic Business Services, LLC (“SBS”) against Respondent Mahaffey Law Group, P.C. (“Respondent”) in the sum of $2,233, plus $400 in attorney’s fees and administrative fee of the arbitration. On March 25, 2019, SBS assigned its right to the Arbitration Award to Capital Asset Protection. (6/7/19 Amended Petition, Attach. 8c(ii).)

Petitioner Arden Silverman dba Capital Asset Protection (“Petitioner”) brought a Petition to Confirm of Arbitration Award (the “Petition”) on April 2, 2019 and an Amended Petition to Confirm of Arbitration Award (the “Amended Petition”) on June 7, 2019. The Court considers the Amended Petition instead of the initial Petition. In response to the Petition, Respondent filed a Motion to Vacate Arbitration Award (the “Motion to Vacate”) on May 2, 2019 and an Opposition to the Amended Petition on September 25, 2019. Respondent also filed a Reply in support of the Motion to Vacate on October 1, 2019.

At the initial hearing on October 8, 2019, the Court continued the hearing to allow Petition to address certain defects in service. To date, no supplemental papers have been filed demonstrating compliance with the Court’s order. The only additional papers filed are a Notice of Continued Hearing on Amended Petition, filed on October 8, 2019.

Accordingly, the Petitions are PLACED OFF CALENDAR.

II. Discussion

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (CCP § 1285, emphasis added.)

Here, SBS was a party to the arbitration proceeding, but neither Petitioner nor Respondent has named SBS as a party to its respective moving papers as required by CCP § 1285, nor served the moving papers on SBS as required by CCP § 1290.4. Although SBS has assigned its right to the Arbitration Award to Respondent, Section 1285 does not have an exception because an assignment of right was made. “It is a ‘‘cardinal rule of statutory construction’’ [citation] that court must not ‘insert what has been omitted’ from a statute. [Citation.]” (Alex R. v. Superior Court (2016) 248 Cal.App.4th 1, 9.) Accordingly, the Court cannot consider the parties’ moving papers at this time.

III. Conclusion & Order

For the stated reasons, the Amended Petition and Motion to Vacate are PLACED OFF CALENDAR.

Moving party is ordered to give notice.

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