This case was last updated from Los Angeles County Superior Courts on 08/09/2019 at 06:10:54 (UTC).

HOME CONSTRUCTION SOLUTIONS CORP., ET AL. VS MARY ANN ROBERT HUTCHISON, ET AL.

Case Summary

On 04/04/2019 HOME CONSTRUCTION SOLUTIONS CORP filed an Other - Arbitration lawsuit against MARY ANN ROBERT HUTCHISON. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1067

  • Filing Date:

    04/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Petitioners

HOME CONSTRUCTION SOLUTIONS CORP.

ZETZ JOSEPH SR

Respondents

DAVIS BEN

HUTCHISON MARY ANN ROBERT

 

Court Documents

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 of Hearing on Petition - Notice of Hearing on Petition

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

First Amended Standing Order - First Amended Standing Order

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

Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) - Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6)

4/4/2019: Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) - Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6)

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4/4/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 10/10/2019
  • Hearingat 09:00 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 07/29/2019
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 07/29/2019
  • DocketThere being no judge available this date, Hearing on Petition Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) scheduled for 08/08/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Rescheduled by Court was rescheduled to 10/10/2019 09:00 AM

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  • 04/05/2019
  • DocketHearing on Petition Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) scheduled for 08/08/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/05/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/04/2019
  • DocketPetition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6); Filed by: Home Construction Solutions Corp. (Petitioner); Joseph Zetz, SR (Petitioner); As to: Mary Ann Robert Hutchison (Respondent); Ben Davis (Respondent)

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

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

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

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Tentative Rulings

Case Number: 19STCP01067    Hearing Date: October 07, 2020    Dept: 26

Home Construction Services Corp. v. Davis, et al. 

PETITION TO CORRECT OR VACATE ARBITRATION AWARDD

(CCP § 1286.6)

TENTATIVE RULING:

Petition of Home Construction Solutions Corporation to Correct or Vacate Arbitration Award is DENIED.

ANALYSIS:

Petitioner Home Construction Services Corporation (“Petitioner”) filed the instant Petition to correct or vacate arbitration award against Respondents Ben Davis and Mary Ann Hutchinson (“Respondents”) on April 4, 2019. To date, no opposition has been filed.

Discussion

The instant Petition to Correct or Vacate Arbitration Award came for hearing on July 8, 2020, at which time the Court found it defective in numerous respects. First, the Petition was improperly filed in pro per by a corporation. (See Clean Air Transport Systems v. San Mateo County Transit Dist. (1988) 198 Cal.App.3d 576, 578 (citing Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729-730).) Second, no proof of service had been filed demonstrating service of the Petition or Notice of Hearing on Respondents in violation of Code of Civil Procedure sections 1288 and 1290.4. Also as a result of the lack of proof of service, Petitioner had not demonstrated that Respondents were served with the Petition by June 26, 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 continued the hearing and ordered Petitioner to file and serve supplemental papers correcting these defects at least 16 court days prior to the new hearing date. To date, no supplemental papers have been filed.

Conclusion

Based on the foregoing, the Petition to Correct or Vacate Arbitration Award is DENIED.

Court clerk to give notice.

Case Number: 19STCP01067    Hearing Date: July 08, 2020    Dept: 26

Home Construction Services Corp. v. Davis, et al.

PETITION TO CORRECT OR VACATE ARBITRATION AWARDD

(CCP § 1286.6)

TENTATIVE RULING:

Petition of Home Construction Solutions Corporation to Correct or Vacate Arbitration Award is CONTINUED TO OCTOBER 7, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Petitioner Home Construction Services Corporation (“Petitioner”) filed the instant Petition to correct or vacate arbitration award against Respondents Ben Davis and Mary Ann Hutchinson (“Respondents”) on April 4, 2019. To date, no opposition has been filed.

Discussion

The instant Petition to Correct or Vacate Arbitration Award is defective in numerous respects. First, the Petition was filed in pro per by a corporation. It is black letter law that a corporation cannot represent itself in court. (Clean Air Transport Systems v. San Mateo County Transit Dist. (1988) 198 Cal.App.3d 576, 578 (citing Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729-730).) This rule applies to all entities regarded as separate from their owners, including partnerships and unincorporated associations. (See Clean Air Transport Systems, supra, 19 Cal.App.3d at 578.) Accordingly, Petitioner should not have filed the Petition without proper legal representation.

Additionally, no proof of service has been filed demonstrating service of the Petition and Notice of Hearing on Petitioners. 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.) The Petition indicates that the arbitration award was served on March 18, 2019. (Pet., ¶9.) The Petition was timely filed with the Court on April 4, 2019.

However, unless Petitioner is able to demonstrate to the Court that Respondent was served with the Petition by June 26, 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 Petitioner must demonstrate that service of the Petition complies with Code of Civil Procedure section 1290.4. Finally, 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).

Conclusion

Based on the foregoing, the Petition to Correct or Vacate Arbitration Award is CONTINUED TO OCTOBER 7, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS ORDERED TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED ABOVE. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.

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