This case was last updated from Los Angeles County Superior Courts on 10/18/2021 at 02:40:58 (UTC).

JOSEPH LIFSHULTZ VS TODD BEZZASSO

Case Summary

On 09/04/2020 JOSEPH LIFSHULTZ filed an Other - Arbitration lawsuit against TODD BEZZASSO. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2858

  • Filing Date:

    09/04/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

LIFSHULTZ JOSEPH

Respondent

BEZZASSO TODD

Attorney/Law Firm Details

Petitioner Attorneys

STUART GORDON

STUART GORDON C. ESQ.

 

Court Documents

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

10/13/2021: Notice of Rejection of Electronic Filing - Notice of Rejection of Electronic Filing

Order for Publication - Order for Publication for Todd

10/13/2021: Order for Publication - Order for Publication for Todd

Minute Order - Minute Order (Hearing on First Amended Petition to Confirm Contractual Arbi...)

10/7/2021: Minute Order - Minute Order (Hearing on First Amended Petition to Confirm Contractual Arbi...)

Application for Publication - Application for Publication

10/8/2021: Application for Publication - Application for Publication

Notice of Continuance - Notice of Continuance

10/8/2021: Notice of Continuance - Notice of Continuance

Declaration re: Due Diligence - Declaration re: Due Diligence

9/2/2021: Declaration re: Due Diligence - Declaration re: Due Diligence

Notice (name extension) - Notice of Continued Hearing on Amended Petition to Confirm Arbitration Award

8/12/2021: Notice (name extension) - Notice of Continued Hearing on Amended Petition to Confirm Arbitration Award

Minute Order - Minute Order (Hearing on First Amended Petition to Confirm Contractual Arbi...)

8/9/2021: Minute Order - Minute Order (Hearing on First Amended Petition to Confirm Contractual Arbi...)

Notice of Hearing on Petition - Notice of Hearing on Petition

7/12/2021: Notice of Hearing on Petition - Notice of Hearing on Petition

Petition (name extension) - Petition First Amended Petition to Confirm Contractual Arbitration Award

6/25/2021: Petition (name extension) - Petition First Amended Petition to Confirm Contractual Arbitration Award

Status Report - Status Report

7/1/2021: Status Report - Status Report

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

7/6/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Affidavit (name extension) - Affidavit OF DUE DILIGENCE

3/24/2021: Affidavit (name extension) - Affidavit OF DUE DILIGENCE

Affidavit (name extension) - Affidavit Affidavit of Due Diligence

3/24/2021: Affidavit (name extension) - Affidavit Affidavit of Due Diligence

Status Report - Status Report

4/1/2021: Status Report - Status Report

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

4/7/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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

2/10/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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

11/30/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

11 More Documents Available

 

Docket Entries

  • 01/31/2022
  • Hearing01/31/2022 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 01/31/2022
  • Hearing01/31/2022 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 01/31/2022
  • Hearing01/31/2022 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 10/13/2021
  • DocketUpdated -- Notice of Rejection of Electronic Filing: Status Date changed from 10/08/2021 to 10/13/2021; As To Parties: removed; Status changed from Rejected to Filed

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  • 10/13/2021
  • DocketOrder for Publication for Todd; Filed by: JOSEPH LIFSHULTZ (Petitioner); As to: TODD BEZZASSO (Respondent)

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  • 10/08/2021
  • DocketApplication for Publication; Filed by: JOSEPH LIFSHULTZ (Petitioner); As to: TODD BEZZASSO (Respondent)

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  • 10/08/2021
  • DocketNotice of Continuance; Filed by: JOSEPH LIFSHULTZ (Petitioner)

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  • 10/07/2021
  • DocketUpdated -- Affidavit of Due Diligence: Name Extension changed from Affidavit of Due Diligence to of Due Diligence; As To Parties: removed

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  • 10/07/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/31/2022 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 10/07/2021
  • DocketOrder to Show Cause Re: Why Sanctions Should Not Be Imposed Against The Petitioner for Failure to Comply with California Rules of Court, Rule 3.110(b) scheduled for 01/31/2022 at 09:30 AM in Spring Street Courthouse at Department 26

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23 More Docket Entries
  • 02/10/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 11/30/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 11/30/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 01/08/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 02/10/2021 10:30 AM

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  • 09/08/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 01/08/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 09/08/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 09/04/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/04/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/04/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 09/04/2020
  • DocketCivil Case Cover Sheet; Filed by: JOSEPH LIFSHULTZ (Petitioner); As to: TODD BEZZASSO (Respondent)

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  • 09/04/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: JOSEPH LIFSHULTZ (Petitioner); As to: TODD BEZZASSO (Respondent)

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Tentative Rulings

b'

Case Number: 20STCP02858 Hearing Date: August 9, 2021 Dept: 26

Lifshultz v. Bezzasso, et al.20STCP02858PETITION TO CONFIRM ARBITRATION AWARD

\r\n\r\n

(CCP § 1285)

\r\n\r\n

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TENTATIVE RULING:

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Petitioner Joseph Lifshultz’s Petition to Confirm Arbitration Award is\r\nDISMISSED.

ANALYSIS:

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On July 16, 2020, an arbitrator issued an Arbitration Award in favor of Joseph\r\nLifshultz (“Petitioner”) and against\r\nTodd Bezzasso (“Respondent”). On\r\nSeptember 4, 2020, Petitioner filed the instant Petition to Confirm\r\nArbitration Award (the “Petition”). The Court set the Petition for hearing on\r\nJanuary 8, 2021 and ordered Petitioner to give notice. On November 30, 2020,\r\nthe Court continued the hearing to February 10, 2021.

\r\n\r\n

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At the hearing on February 10,\r\n2021, the Court issued a ruling finding that no proof of service with respect\r\nto the Petition or Notice of Hearing had been filed. (Minute Order, 02/10/21.)\r\nThe Court continued the hearing to April 7, 2021 to give Petitioner an\r\nopportunity to demonstrate proper service of the Petition and Notice of Hearing\r\non Respondent. (Ibid.)

\r\n\r\n

\r\n\r\n

It appears that Petitioner tried\r\nto file an ex parte application to extend the time to serve on March 23, 2021,\r\nbut the application was not processed. On March 24, 2021, Petitioner filed an\r\nAffidavit of Due Diligence. Petitioner also filed a Status Report on April 1,\r\n2020, in which efforts to serve Respondent are detailed and a request to\r\ncontinue the hearing date 60 days are included.

\r\n\r\n

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At the hearing on\r\nApril 7, 2021, the Court continued the hearing to July 7, 2021. (Minute Order,\r\n04/07/21.) The Court instructed Petitioner to file proof of service of\r\nthe Summons, Petition and Notice of New Hearing Date on Respondent at least 16\r\ncourt days prior to the new hearing date. (Ibid.) The Court also warned\r\nthat failure to comply with the order might result in the Petition being placed\r\noff calendar or dismissed. (Ibid.)

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On June 25, 2021, just seven court days prior to the July 7,\r\n2021 hearing date, Petitioner filed a First Amended Petition to Confirm\r\nContractual Arbitration. Petitioner filed another Status Report on July 1, 2021\r\nindicating that the First Amended Petition had yet to be served and seeking another\r\ncontinuance of the hearing date.

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The July 7, 2021 date was then continued before it came for\r\nhearing due to the Court’s own unavailability. (Notice Re Continuance of\r\nHearing, 07/06/21.) Petitioner was ordered to give notice of the continuance. (Ibid.)\r\nOn July 12, 2021, Petitioner filed a Notice of Hearing on Petition to which no\r\nproof of service is attached. No other papers have been filed.

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The Court is not inclined to continue the hearing a fourth\r\ntime—following the 60 day continuance after the April 7, 2021 hearing date and\r\nthe additional one month continuance from July 7, 2021 to August 9, 20201—when there\r\nis no indication that service of the Petition on Respondent is imminent. Nor\r\ndid Petitioner comply with any other part of the Court’s April 7, 2021 order, nor\r\nthe Court’s July 7, 2021 order, which required him to serve Respondent with a\r\ncopies of the orders and notice of the continued hearing dates.

\r\n\r\n

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Based on continued non-compliance, despite multiple\r\nopportunities to bring this matter properly before the Court for almost a year,\r\nPetitioner Joseph Lifshultz’s Petition\r\nto Confirm Arbitration Award is DISMISSED.

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Court clerk to give notice.

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'b"

Case Number: 20STCP02858 Hearing Date: July 7, 2021 Dept: 26

Due to Court's unavailability, Hearing on Petition to Confirm Arbitration Award is continued to 08/09/2021 at 10:30 a.m."

Case Number: 20STCP02858    Hearing Date: April 7, 2021    Dept: 26

Lifshultz v. Bezzasso, et al

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Joseph Lifshultz’s Petition to Confirm Arbitration Award is CONTINUED TO JULY 7, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On July 16, 2020, an arbitrator issued an Arbitration Award in favor of Joseph Lifshultz (“Petitioner”) and against Todd Bezzasso (“Respondent”). On September 4, 2020, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Court set the Petition for hearing on January 8, 2021 and ordered Petitioner to give notice. On November 30, 2020, the Court continued the hearing to February 10, 2021.

At the hearing on February 10, 2021, the Court issued a ruling finding that no proof of service with respect to the Petition or Notice of Hearing had been filed. The Court continued the hearing to April 7, 2021 to give Petitioner an opportunity to demonstrate proper service of the Petition and Notice of Hearing on Respondent.

On March 24, 2021, Petitioner filed an Affidavit of Due Diligence. It also appears that Petitioner tried to file an ex parte application to extend the time to serve on March 23, 2021, but the application was not processed. Petitioner also filed a Status Report on April 1, 2020 in which efforts to serve Respondent are detailed and a request to continue the hearing date 60 days are included.

Conclusion

Based on the foregoing, Petitioner Joseph Lifshultz’s Petition to Confirm Arbitration Award is CONTINUED TO JULY 7, 2021 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 TO FILE PROOF OF SERVICE OF THE SUMMONS, PETITION AND NOTICE OF NEW HEARING DATE ON RESPONDENT. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DISMISSED.

Petitioner to give notice.

Case Number: 20STCP02858    Hearing Date: February 10, 2021    Dept: 26

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Joseph Lifshultz’s Petition to Confirm Arbitration Award is CONTINUED TO APRIL 7, 2021 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE

ANALYSIS:

On July 16, 2020, an arbitrator issued an Arbitration Award in favor of Joseph Lifshultz (“Petitioner”) and against Todd Bezzasso (“Respondent”). On September 4, 2020, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Court set the Petition for hearing on January 8, 2021 and ordered Petitioner to give notice. On November 30, 2020, the Court continued the hearing to February 10, 2021.

To date, no proof of service with respect to the Petition or Notice of Hearing has been filed. To date, no opposition has been filed.

Legal Standard

“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.” (Code Civ. Proc., § 1285.) “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.” (Code Civ. Proc., § 1286.) A petition to confirm arbitration must be filed and served no more than four years after the award was served. (Code Civ. Proc., § 1288.)

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 Respondent “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).)

The arbitration agreement does not address the manner in which a petition to confirm arbitration award must be served so service must be made in the manner provided by law for service of summons. (Pet., Attachment 4(b).) However, no proof of service has been filed with respect to the Petition or Notice of Hearing. Therefore, Petitioner has not demonstrated compliance with the statutory requirements.

Service of the Arbitration Award

Code of Civil Procedure section 1283.6 requires the arbitrator serve the signed arbitration award “personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.) The parties’ agreement does not provide for the method of service. (Pet., Attachment 4(b).) The arbitration agreement was served by electronic mail and overnight delivery, which does not conform to the requirements of Code of Civil Procedure section 1283.6. (Pet., Attachment 4(b), POS.)

Alternatively, service of the award in conjunction with the Petition can satisfy the statutory requirements if sufficient to convey notice of the award. (See Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) But as noted above, Petitioner has not demonstrated service of the Petition and attachments. Therefore, Petitioner has not demonstrated compliance with Code of Civil Procedure section 1283.6.

Confirmation of the Arbitration Award

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (Code Civ. Proc., § 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:

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 arbitrators.

c) 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 does not exactly set forth the nature of the agreement to arbitrate. The parties entered into a promissory note, but it does not contain any arbitration provision. (Pet., Attachment 4(b).) The Petition does set forth the name of the Arbitrator (Jim G. Baklayan, Esq.) and attaches a copy of the Award to the Petition. (Pet., Attachment 4(b).) The Petition demonstrates that on July 16, 2020, the arbitrator issued an award requiring Respondent to pay Petitioner $25,000.00.

However, Petitioner must demonstrate that confirmation of the arbitration award by the Court is proper despite the lack of an arbitration agreement. Until then, Petitioner has not fully complied with the requirements of Code of Civil Procedure, section 1285.4.

Conclusion

Petitioner Joseph Lifshultz’s Petition to Confirm Arbitration Award is CONTINUED TO APRIL 7, 2021 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PETITIONER IS TO FILE PROOF OF SERVICE OF THE PETITION AND NOTICE OF HEARING AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE. PETITIONER IS TO FURTHER FILE AND SERVE SUPPLEMENTAL PAPERS ADDRESSING THE DEFECTS DISCUSSED HEREIN. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.

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