This case was last updated from Los Angeles County Superior Courts on 10/29/2020 at 01:22:35 (UTC).

BRIAN MICHAEL DANELIAN, ET AL. VS JAY GOLDNER, ET AL.

Case Summary

On 01/23/2020 BRIAN MICHAEL DANELIAN filed an Other - Arbitration lawsuit against JAY GOLDNER. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    *******0313

  • Filing Date:

    01/23/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioners

THOMPSON JAMAL ALI AKA J. ALLEN THOMPSON

DANELIAN BRIAN MICHAEL

Respondents

GOLDNER DENISE

GOLDNER JAY

Attorney/Law Firm Details

Petitioner Attorney

D'AMURA RICHARD

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 10/27/2020
  • DocketNon-Appearance Case Review re lodging of proposed judgment scheduled for 11/06/2020 at 02:00 PM in Spring Street Courthouse at Department 26

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  • 10/27/2020
  • DocketNon-Appearance Case Review scheduled for 10/27/2020 at 01:30 PM in Spring Street Courthouse at Department 26

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  • 10/27/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 10/27/2020
  • DocketCertificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 10/27/2020; Filed by: Clerk

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  • 10/27/2020
  • DocketNon-Appearance Case Review scheduled for 10/27/2020 at 01:30 PM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/27/2020

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  • 10/27/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/27/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/27/2020; Result Type to Held - Motion Granted

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  • 09/03/2020
  • DocketAddress for Richard D'Amura (Attorney) customer request

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  • 09/02/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by: JAMAL ALI THOMPSON (Petitioner)

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  • 07/17/2020
  • DocketProof of Service by Mail; Filed by: BRIAN MICHAEL DANELIAN (Petitioner); JAMAL ALI THOMPSON (Petitioner)

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  • 06/19/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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4 More Docket Entries
  • 01/30/2020
  • DocketDue to Clerical Error, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 05/28/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Clerical Error was rescheduled to 05/28/2020 10:30 AM

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  • 01/24/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 05/28/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 01/24/2020
  • DocketNotice JAY GOLDNER AND DENISE GOLDNER, AS CO-TRUSTEES OF THE GOLDNER INTERVIVOS TRUST DATED OCTOBER 29, 1987, WAIVER OF SERVICE OF PROCESS; Filed by: BRIAN MICHAEL DANELIAN (Petitioner); JAMAL ALI THOMPSON (Petitioner); As to: JAY GOLDNER (Respondent); DENISE GOLDNER (Respondent)

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  • 01/24/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 01/23/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 01/23/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/23/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/23/2020
  • DocketNotice JAY GOLDNER AND DENISE GOLDNER, AS CO-TRUSTEES OF THE GOLDENR INTERVIVIOS TRUST DATED OCTOBER 29, 1987, NOTICE OF NON-OPPOSITION TO PETITIONERS' PETITION FOR CONFIRMATION OF ARBITRATION AWARD; Filed by: BRIAN MICHAEL DANELIAN (Petitioner); JAMAL ALI THOMPSON (Petitioner); As to: JAY GOLDNER (Respondent); DENISE GOLDNER (Respondent)

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  • 01/23/2020
  • DocketCivil Case Cover Sheet; Filed by: BRIAN MICHAEL DANELIAN (Petitioner); JAMAL ALI THOMPSON (Petitioner); As to: JAY GOLDNER (Respondent); DENISE GOLDNER (Respondent)

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  • 01/23/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: BRIAN MICHAEL DANELIAN (Petitioner); JAMAL ALI THOMPSON (Petitioner); As to: JAY GOLDNER (Respondent); DENISE GOLDNER (Respondent)

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Tentative Rulings

Case Number: 20STCP00313    Hearing Date: October 27, 2020    Dept: 26

Danelian v. Goldner, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioners Brian Michael Danelian and Jamal Ali Thompson’s Petition to Confirm Arbitration Award against Respondents Jay Goldner and Denise Goldner, as Co-Trustees of the Goldner Intervivos Trust is GRANTED. PETITIONERS TO FILE PROPOSED JUDGMENT WITHIN TEN (10) DAYS.

ANALYSIS:

Petitioners Brian Michael Danelian and Jamal Ali Thompson (“Petitioners”) filed the instant Petition to Confirm Arbitration Award against Respondents Jay Goldner and Denise Goldner, as

Co-Trustees of the Goldner Intervivos Trust (“Respondents”) dated October 29, 1987 (“Respondents”) on January 23, 2020. To date, no opposition has been filed.

Legal Standard

“Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of the superior court.” (O'Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.) “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.) It is well settled that the scope of judicial review of arbitration awards is extremely narrow.” (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.) “Neither the trial court, nor the appellate court, may ‘review the merits of the dispute, the sufficiency of the evidence, or the arbitrator's reasoning, nor may we correct or review an award because of an arbitrator's legal or factual error, even if it appears on the award's face. Instead, we restrict our review to whether the award should be vacated under the grounds listed in section 1286.2. [Citations.]’” (Id.)

Discussion

The Petition seeks to confirm the arbitration award issued on May 7, 2019 in favor of Petitioners requiring expungement of all references to the subject arbitration proceeding from the registration records maintained by the Central Registration Depository (“CRD”). (Pet., Exh. 1.) To date, no opposition has been filed.

A. Filing Requirements of a Petition to Confirm Arbitration Award (CCP § 1285.4)

Code of Civil Procedure section 1285.4 states: “A petition under this chapter shall:

(a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement.

(b) Set forth the names of the arbitrators.

(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

(Code Civ. Proc., § 1285.4 (emphasis added).) The Court notes that Petitioners have submitted a copy of the Arbitration Agreement, name of the arbitrator, and a copy of the Arbitration Award (Pet., Exhs. A-D). Therefore, the Court finds that Petitioners have satisfied Code of Civil Procedure section 1285.4, subdivisions (a)-(c).

B. Service of the Arbitration Award (CCP § 1283.6)

Code of Civil Procedure section 1283.6 requires that “[t]he neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.) There is no evidence that the arbitration award was served on the parties. (Pet., Exh. A.) However, proper service of the award with the Petition is sufficient to meet the requirements of section 1283.6 (Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) Here, the Award is attached the Petition and Respondents have waived notice of these proceedings. (Notice of Waiver, filed 1/24/20.) Accordingly, any failure by the arbitrator to serve the arbitration award has been waived and is not a barrier to confirming the arbitration award.

 

C. Service of Petition and Notice of Hearing (CCP § 1290.4)

Code of Civil Procedure section 1290.4 states in pertinent part:

“(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.

(b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision: ¶ (1) Service within this State shall be made in the manner provided by law for the service of summons in an action.”

(Code Civ. Proc., § 1290.4.) As noted above, Respondents have waived notice and made a general appearance in this action. Accordingly, the Court finds Code of Civil Procedure section 1290.4 is satisfied.

D. Timeliness of Petition to Confirm Arbitration Award

A party may seek a court judgment confirming an arbitration award by filing and serving a petition no more than four years after the award is served.  (Code Civ. Proc., § 1288.) The petition must also be served at least ten (10) days after service of the signed copy of the award. (Code Civ. Proc., § 1288.4.)  The Petition was timely filed six months after the award was issued. The Court finds that Petitioners have satisfied Code of Civil Procedure section 1288 and that any failure to comply with section 1288.4 is not a bar to entry of judgment upon the Award.

Conclusion

Petitioners Brian Michael Danelian and Jamal Ali Thompson’s Petition to Confirm Arbitration Award against Respondents Jay Goldner and Denise Goldner, as Co-Trustees of the Goldner Intervivos Trust is GRANTED. PETITIONERS TO FILE PROPOSED JUDGMENT WITHIN TEN (10) DAYS.

Moving party is to give notice.