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.
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
LUJAN JERRY
CLARK SUSAN
6/19/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
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
10/28/2020: Minute Order - Minute Order (Hearing on Petition Petition to Vacate or Alter Arbitration A...)
4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
1/21/2020: First Amended Standing Order - First Amended Standing Order
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)
1/21/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
1/21/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
1/21/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
DocketMinute Order (Hearing on Petition Petition to Vacate or Alter Arbitration A...)
DocketCertificate of Mailing for (Hearing on Petition Petition to Vacate or Alter Arbitration A...) of 10/28/2020; Filed by: Clerk
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
DocketUpdated -- Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6): Filed By: Jerry Lujan (Petitioner); Result: Denied; Result Date: 10/28/2020
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
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
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
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketPetition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6); Filed by: Jerry Lujan (Petitioner); As to: Susan Clark (Respondent)
DocketCivil Case Cover Sheet; Filed by: Jerry Lujan (Petitioner); As to: Susan Clark (Respondent)
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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
DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
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.