This case was last updated from Los Angeles County Superior Courts on 12/03/2020 at 02:16:56 (UTC).

JOSEPH L. SHALANT VS NICHOLAS TEPPER

Case Summary

On 08/01/2019 JOSEPH L SHALANT filed an Other - Arbitration lawsuit against NICHOLAS TEPPER. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3300

  • Filing Date:

    08/01/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Arbitration

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

SHALANT JOSEPH L.

Respondent

TEPPER NICHOLAS

Attorney/Law Firm Details

Petitioner Attorney

LEIGHTON STEVEN L.

 

Court Documents

Minute Order - Minute Order (Hearing on Motion for Attorney Fees)

12/1/2020: Minute Order - Minute Order (Hearing on Motion for Attorney Fees)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Attorney Fees) of 12/01/2020

12/1/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Attorney Fees) of 12/01/2020

Minute Order - Minute Order (Hearing on Motion for Attorney Fees)

10/28/2020: Minute Order - Minute Order (Hearing on Motion for Attorney Fees)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Attorney Fees) of 10/28/2020

10/28/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Attorney Fees) of 10/28/2020

Motion for Attorney Fees - Motion for Attorney Fees

2/27/2020: Motion for Attorney Fees - Motion for Attorney Fees

Declaration (name extension) - Declaration OF ATTORNEY STEVEN L. LEIGHTON IN SUPPORT OF FEE REQUEST

2/27/2020: Declaration (name extension) - Declaration OF ATTORNEY STEVEN L. LEIGHTON IN SUPPORT OF FEE REQUEST

Notice of Rejection of Electronic Filing - Notice of Rejection of Electronic Filing

1/21/2020: Notice of Rejection of Electronic Filing - Notice of Rejection of Electronic Filing

Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

12/5/2019: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 12/05/2019

12/5/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 12/05/2019

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

10/1/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Service by Substituted Service - Proof of Service by Substituted Service

10/1/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

First Amended Standing Order - First Amended Standing Order

8/1/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

8/1/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

8/1/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Summons - Summons on Petition

8/1/2019: Summons - Summons on Petition

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

8/1/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

8/1/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

6 More Documents Available

 

Docket Entries

  • 12/01/2020
  • DocketMinute Order (Hearing on Motion for Attorney Fees)

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  • 12/01/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Attorney Fees) of 12/01/2020; Filed by: Clerk

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  • 12/01/2020
  • DocketHearing on Motion for Attorney Fees scheduled for 12/01/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 12/01/2020; Result Type to Held

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  • 10/28/2020
  • DocketHearing on Motion for Attorney Fees scheduled for 12/01/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 10/28/2020
  • DocketMinute Order (Hearing on Motion for Attorney Fees)

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  • 10/28/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Attorney Fees) of 10/28/2020; Filed by: Clerk

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  • 10/28/2020
  • DocketOn the Court's own motion, Hearing on Motion for Attorney Fees scheduled for 10/28/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 12/01/2020 10:30 AM

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  • 02/28/2020
  • DocketCase reassigned to Spring Street Courthouse in Department 25 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 02/28/2020
  • DocketHearing on Motion for Attorney Fees scheduled for 10/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 26

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  • 02/28/2020
  • DocketUpdated -- 10/28/2020 Hearing on Motion for Attorney Fees: Location changed from Department 26 to Department 25

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9 More Docket Entries
  • 10/01/2019
  • DocketDefault entered as to Nicholas Tepper; On the Petition filed by Joseph L. Shalant on 08/01/2019

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  • 10/01/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Joseph L. Shalant (Petitioner); As to: Nicholas Tepper (Respondent)

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  • 08/02/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 12/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/02/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 08/01/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/01/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/01/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 08/01/2019
  • DocketCivil Case Cover Sheet; Filed by: Joseph L. Shalant (Petitioner); As to: Nicholas Tepper (Respondent)

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  • 08/01/2019
  • DocketSummons on Petition; Issued and Filed by: Joseph L. Shalant (Petitioner); As to: Nicholas Tepper (Respondent)

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  • 08/01/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: Joseph L. Shalant (Petitioner); As to: Nicholas Tepper (Respondent)

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Tentative Rulings

Case Number: 19STCP03300    Hearing Date: December 01, 2020    Dept: 25

HEARING DATE: Tue., December 1, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Shalant v. Tepper PET. FILED: 08-01-19

CASE NUMBER: 19STCP03300 JUDGMENT: 12-05-19

NOTICE: NO (continued hearing)

PROCEEDINGS: REQUEST FOR ATTORNEY’S FEES

MOVING PARTY: Petitioner Joseph L. Shalant

RESP. PARTY: None

MOTION FOR ATTORNEY’S FEES

(CCP § ??)

TENTATIVE RULING:

Petitioner Joseph L. Shalant’s Request for Attorney’s Fees is PLACED OFF CALENDAR.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of November 25, 2020 [ ] Late [X] None

REPLY: None filed as of November 25, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On August 1, 2019, Petitioner Joseph L. Shalant (“Petitioner”) initiated this action by filing a Petition to Confirm Attorney-Client Fee Arbitration Award against Respondent Nicholas Tepper (“Respondent”). The Court granted the Petition on December 5, 2019 and entered a judgment against Respondent in the amount of $3,050.00 plus interest of 10% from August 18, 2018. (12/5/19 Minute Order.) The Court also noted that Petitioner could file a noticed motion if he intended to request attorney’s fees. (Id.)

Petitioner filed the instant Request for Attorney’s Fees on February 27, 2020. No opposition was filed.

At the initial October 28, 2020 hearing, the Court found that Petitioner’s request was not supported by legal authority and continued to the matter to allow him to file a supplemental brief. (10/28/20 Minute Order.) The Court cautioned that failure to do so could result in Petitioner’s request being placed off calendar or denied. (Id.) To date, no supplemental papers have been filed. Accordingly, Petitioner’s Request for Attorney’s Fees is PLACED OFF CALENDAR.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Joseph L. Shalant’s Request for Attorney’s Fees is PLACED OFF CALENDAR.

Petitioner is ordered to give notice.

Case Number: 19STCP03300    Hearing Date: October 28, 2020    Dept: 25

HEARING DATE:   Wed., October 28, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Shalant v. Tepper PET. FILED: 08-01-19

CASE NUMBER: 19STCP03300 JUDGMENT: 12-05-19

NOTICE:   OK

PROCEEDINGS    REQUEST FOR ATTORNEY’S FEES

MOVING PARTY:   Petitioner Joseph L. Shalant

RESP. PARTY: None

MOTION FOR ATTORNEY’S FEES

(CCP § ??)

TENTATIVE RULING:

Petitioner Joseph L. Shalant’s Request for Attorney’s Fees is CONTINUED TO DEC 1, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next hearing, Petitioner must file and serve supplemental papers correcting the deficiencies noted herein. Failure to do so may result in the motion being placed off calendar or denied.

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of October 26, 2020 [   ] Late [X] None

REPLY: None filed as of October 26, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On August 1, 2019, Petitioner Joseph L. Shalant (“Petitioner”) initiated this action by filing a Petition to Confirm Attorney-Client Fee Arbitration Award against Respondent Nicholas Tepper (“Respondent”). The Court granted the petition on December 5, 2019 and entered a judgment against Respondent in the amount of $3,050.00 plus interest of 10% from August 18, 2018. (12/5/19 Minute Order.) The Court also noted that Petitioner could file a noticed motion if he intended to request attorney’s fees. (Id.)

Petitioner filed the instant Request for Attorney’s Fees on February 27, 2020. To date, no opposition has been filed.

As an initial matter, the Court notes Petitioner’s Request for Attorney’s Fees is not supported by legal authority. In passing, Petitioner states he complied with the applicable requirements of Code of Civil Procedure section 1285.4. (Request for Attorney’s Fees, p. 2:1-7.) Section 1284.5 sets forth the content requirements for a petition to confirm an arbitration award but provides no authority to award attorney’s fees. Petitioner also cites Code of Civil Procedure section 1287.4 without discussion. However, Section 1287.4 simply states that an arbitration award that is confirmed by the court has the same force and effect as a judgment in a civil action. Indeed, a motion must contain a “statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).) Without citation to proper legal authority, the Court has no basis on which to grant relief.

Thus, Petitioner is ordered to file and serve supplemental papers correcting the deficiencies noted above.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Joseph L. Shalant’s Request for Attorney’s Fees is CONTINUED TO DEC 1, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next hearing, Petitioner must file and serve supplemental papers correcting the deficiencies noted herein. Failure to do so may result in the motion being placed off calendar or denied.

Petitioner is ordered to give notice.

Case Number: 19STCP03300    Hearing Date: December 05, 2019    Dept: 94

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Joseph L. Shalant’s Petition to Confirm Arbitration Award is GRANTED. JUDGMENT IS TO BE ENTERED IN THE AMOUNT OF $3,050.00 PRINCIPAL, PLUS INTEREST OF TEN (10) PERCENT PER ANNUM FROM AUGUST 17, 2018.

RELIEF REQUESTED: Enter judgment against Respondent pursuant to the terms of the arbitration award.

ANALYSIS:

On July 18, 2018, an arbitrator issued an Arbitration Award pursuant in favor of Joseph L. Shalant (“Petitioner”) and against Nicholas Tepper, Esq. (“Respondent”). On August 1, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no response has been filed.

Legal Standard

Per Code of Civil Procedure section 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.”

Per Code of Civil Procedure section 1285.4, “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 arbitrator; and (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

Per Code of Civil Procedure section 1286, “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.”

Discussion

Service of the Petition and Notice of Hearing

Code of Civil Procedure, section 1290.4 requires the Petition and Notice of Hearing to be served on Respondents “in the manner provided in the arbitration agreement for the service of such petition and notice” or “[i]f the arbitration agreement does not provide the manner in which such service shall be made . . . [s]ervice 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, subds. (a), (b).)

Petitioner filed proof of service demonstrating substitute service of the Petition and notice of hearing on Respondent on August 26, 2019. The Petition and notice of hearing were thereafter mailed to Respondent on August 29, 2019. Substitute service satisfies the requirements for service of a summons. (Code Civ. Proc., § 415.20.) Petitioner, therefore, has demonstrated compliance with the requirements of Code of Civil Procedure, section 1290.4

Service of the Arbitration Award (CCP §§ 1283.6, 1288)

The Petition demonstrates service of the arbitration award, as required by Code of Civil Procedure section 1283.6, as it was served with the instant Petition. (Proof of Service, filed 08/01/19.) It was also served on the parties by the arbitrator on July 18, 2018. (Pet., Attachment 6(c).) Also, under Code of Civil Procedure section 1288 a petition to confirm arbitration must be filed and served no more than four years after the award was served. Here, the Petition was timely filed and served.

Confirmation of the Arbitration Award

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (CCP § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) The court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (CCP § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) Code of Civil Procedure, section 1285.4 states a petition under this chapter shall:

  1. 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.

  2. Set forth the names of the arbitrators.

  3. Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.

(Code Civ. Proc., § 1285.4.) The Petition complies with the above requirements. It sets forth the nature of the agreement to arbitrate. (Petition, ¶2.) It also sets forth the name of the Arbitrator (Mark H. Wagner, Esq.) and attaches a copy of the Award to the Petition. (Petition, Attachment 6(c).) The Petition demonstrates that on July 18, 2018, the arbitrator issued an award requiring Respondent to pay Petitioner $3,050.00, plus interest of 10 percent per annum from the 30th day after the date of service of the Award (August 17, 2018). Accordingly, Petitioner has complied with the requirements of Code of Civil Procedure, section 1285.4.

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is GRANTED. JUDGMENT IS TO BE ENTERED IN THE AMOUNT OF $3,050.00 PRINCIPAL, PLUS INTEREST OF TEN (10) PERCENT PER ANNUM FROM AUGUST 17, 2018.

Moving party to give notice.