This case was last updated from Los Angeles County Superior Courts on 10/30/2020 at 01:15:23 (UTC).

JERRY LUJAN VS SUSAN CLARK

Case Summary

On 01/21/2020 JERRY LUJAN filed an Other - Arbitration lawsuit against SUSAN CLARK. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0257

  • Filing Date:

    01/21/2020

  • Case Status:

    Other

  • 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

Petitioner

LUJAN JERRY

Respondent

CLARK SUSAN

 

Court Documents

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

6/19/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Vacate or Alter Arbitration A...) of 10/28/2020

10/28/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Vacate or Alter Arbitration A...) of 10/28/2020

Minute Order - Minute Order (Hearing on Petition Petition to Vacate or Alter Arbitration A...)

10/28/2020: Minute Order - Minute Order (Hearing on Petition Petition to Vacate or Alter Arbitration A...)

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

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

First Amended Standing Order - First Amended Standing Order

1/21/2020: 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)

1/21/2020: Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) - Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6)

Civil Case Cover Sheet - Civil Case Cover Sheet

1/21/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

1/21/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

1/21/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 10/28/2020
  • DocketMinute Order (Hearing on Petition Petition to Vacate or Alter Arbitration A...)

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  • 10/28/2020
  • DocketCertificate of Mailing for (Hearing on Petition Petition to Vacate or Alter Arbitration A...) of 10/28/2020; Filed by: Clerk

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  • 10/28/2020
  • DocketHearing on Petition Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) scheduled for 10/28/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/28/2020; Result Type to Held - Motion Denied

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  • 10/28/2020
  • DocketUpdated -- Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6): Filed By: Jerry Lujan (Petitioner); Result: Denied; Result Date: 10/28/2020

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

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  • 06/19/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) scheduled for 07/28/2020 at 09:00 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 10/28/2020 10:30 AM

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  • 04/17/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) scheduled for 05/26/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 07/28/2020 09:00 AM

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  • 04/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 01/21/2020
  • DocketPetition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6); Filed by: Jerry Lujan (Petitioner); As to: Susan Clark (Respondent)

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  • 01/21/2020
  • DocketCivil Case Cover Sheet; Filed by: Jerry Lujan (Petitioner); As to: Susan Clark (Respondent)

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  • 01/21/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 01/21/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/21/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/21/2020
  • DocketHearing on Petition Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) scheduled for 05/26/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 01/21/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP00257    Hearing Date: October 28, 2020    Dept: 26

Lujan v. Clark, et al.

PETITION TO VACATE ARBITRATION AWARD

(CCP § 1286.6)

TENTATIVE RULING:

Petitioner Jerry Lujan’s Petition to Vacate Arbitration Award is DENIED.

ANALYSIS:

Petitioner Jerry Lujan (“Petitioner”) filed the instant Petition to Vacate Arbitration Award (“the Petition”) against Respondent Susan Clark (“Respondent”) on January 21, 2020. To date, no opposition has been filed.

Discussion

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.) While the Petition indicates that the Award was made on October 14, 2019, no copy of the Award is attached to the Petition or otherwise filed with the Court. (Pet., ¶6(a)-(c).) Second, no proof of service had been filed demonstrating service of the Petition or Notice of Hearing on Respondent in violation of Code of Civil Procedure sections 1288 and 1290.4. Without proof of service, Petitioner had not demonstrated that Respondent was served with the Petition within 100 days of service of the award) and 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.)

Regarding the merits of the Petition, the Court shall vacate the Award if it 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 appears to contend that the Arbitration Agreement should be vacated because the arbitrator incorrectly determined the merits of the parties’ fee dispute. (Pet., Attachment 10c(2).) This is not a basis to vacate the award under the moving statute.

Based on the foregoing defects, Petitioner Jerry Lujan’s Petition to Vacate Arbitration Award is DENIED.

Court clerk to give notice.