On 02/26/2019 a Other - Arbitration case was filed by DEREK ROBERTSON against BRENDA CORBETT in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
3/5/2019: Notice of Case Reassignment and Order for Plaintiff to Give Notice - Notice of Case Reassignment and Order for Plaintiff to Give Notice
2/26/2019: Petition (name extension) - Petition To Vacate Contractual Arbitration Award
2/26/2019: First Amended Standing Order - First Amended Standing Order
2/26/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
2/26/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
2/26/2019: Notice of Hearing on Petition - Notice of Hearing on Petition
Case reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory TransferRead MoreRead Less
Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by: ClerkRead MoreRead Less
Case reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: OtherRead MoreRead Less
Hearing on Petition To Vacate Contractual Arbitration Award scheduled for 07/02/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94Read MoreRead Less
Case assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk CourthouseRead MoreRead Less
Petition To Vacate Contractual Arbitration Award; Filed by: Derek Robertson (Petitioner); As to: Brenda Corbett (Respondent)Read MoreRead Less
Civil Case Cover Sheet; Filed by: Derek Robertson (Petitioner); As to: Brenda Corbett (Respondent)Read MoreRead Less
Notice of Hearing on Petition; Filed by: ClerkRead MoreRead Less
Notice of Case Assignment - Limited Civil Case; Filed by: ClerkRead MoreRead Less
First Amended Standing Order; Filed by: ClerkRead MoreRead Less
Case Number: 19STCP00589 Hearing Date: November 07, 2019 Dept: 94
VACATE ARBITRATION AWARD
(CCP § 1285)
Petitioner Derek Robertson’s Petition to Vacate Arbitration Award is PLACED OFF CALENDAR.
RELIEF REQUESTED: Vacate arbitration award, find Petitioner complied with the terms of the contract, and award Petitioner attorneys’ fees and costs.
On February 26, 2019, Petitioner Derek Robertson (“Petitioner”) filed the instant Petition to Vacate Arbitration Award against Respondent Brenda Corbett (“Respondent”). The Petition asks the court to vacate the arbitration award, find Petitioner complied with the terms of the contract, and award Petitioner attorneys’ fees and costs. According to the Petition, an arbitration award was issued in Respondent’s favor and against Petitioner on November 15, 2018 in the amount of $7,628.66. (Pet., ¶8.) To date, no response to the Petition has been filed.
The Petition initially came for hearing on July 2, 2019, at which time it was continued to address certain procedural and substantive defects. To date, however, Petitioner has not filed any supplemental papers as ordered nor provided notice to Respondent of the continued hearing date.
A petition to vacate an arbitration award must be served and filed no later than 100 days after the date of the service of a signed copy of the award on the petitioner. (Code Civ. Proc., § 1288.) Although the proof of service attached to the award indicates it was mailed to the parties on November 15, 2018, Petitioner contends he was not served with the arbitration award until December 4, 2018. (Pet., ¶9 and Attachment 8c.) The Petition was timely filed with the court on February 26, 2019.
However, there is no proof of service on file with the court demonstrating that the Petition was served on Respondent, or when. Unless Petitioner is able to demonstrate to the court that Respondent was served with the Petition by March 14, 2019 (100 days after Petitioner was served with the award) the arbitration award cannot be vacated. “If [the party who lost in the arbitration does] not serve and file a petition to vacate or a response to [a] petition to confirm within the 100–day period from the date of service of the award ..., the award must be treated as final.” (Klubnikin v. California Fair Plan Assn. (1978) 84 Cal.App.3d 393, 398.) The court further notes that service of the Petition must comply with Code of Civil Procedure section 1290.4. Additionally, there is no proof of service indicating that Respondent was given notice of the instant hearing, which is also required by Code of Civil Procedure section 1290.4, subdivision (a). Both these procedural defects are a basis to deny the Petition or place it off calendar.
As to the merits, Petitioner moves to vacate the arbitration award pursuant to Code of Civil Procedure section 1286.2, which states in pertinent part:
(a) Subject to Section 1286.4, the court shall vacate the award if the court determines any of the following:
(1) The award was procured by corruption, fraud or other undue means.
(2) There was corruption in any of the arbitrators.
(3) The rights of the party were substantially prejudiced by misconduct of a neutral arbitrator.
(4) The arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.
(6) An arbitrator making the award . . . (B) was subject to disqualification upon grounds specified in Section 1281.91 but failed upon receipt of timely demand to disqualify himself or herself as required by that provision. . . .
(Code Civ. Proc., § 1286.2, subd. (a).) Petitioner moves for relief on the grounds that the arbitrator unfairly refused to postpone the arbitration to hear useful evidence. (Id. at ¶10c.) Petitioner’s evidence, however, is not in proper form. The Petition purports to be supported by Petitioner’s declaration at Attachment 10c2, but the declaration is unsigned and unverified. (See Code Civ. Proc., § 2015.5.) Without admissible evidence, the court cannot find that the Petition should be granted.
Based on the foregoing, the hearing on the Petition to Vacate Arbitration Award is PLACED OFF CALENDAR.
Court clerk to give notice.