This case was last updated from Los Angeles County Superior Courts on 10/16/2020 at 00:57:02 (UTC).

ROBERT K. HOLMES, ET AL. VS DANIEL GRAY

Case Summary

On 03/09/2020 ROBERT K HOLMES filed an Other - Arbitration lawsuit against DANIEL GRAY. 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:
*******0990

Filing Date:
03/09/2020

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

Petitioners

HOLMES ROBERT K.

HOLMES AND HOLMES ATTORNEYS AT LAW

Respondent

GRAY DANIEL

Attorney/Law Firm Details

Petitioner Attorney

HOLMES ROBERT K.

Court Documents

Order for Publication - Order for Publication

7/15/2020: Order for Publication - Order for Publication

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 10/14/2020

10/14/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 10/14/2020

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

10/14/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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

7/13/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Summons - Summons on Petition

3/9/2020: Summons - Summons on Petition

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

3/9/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

3/9/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

First Amended Standing Order - First Amended Standing Order

3/9/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

3/9/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

3/9/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Docket Entries

10/14/2020

DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)
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10/14/2020

DocketCertificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 10/14/2020; Filed by: Clerk
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10/14/2020

DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/14/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/14/2020; Result Type to Held - Motion Denied
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10/14/2020

DocketUpdated -- Petition to Confirm Arbitration Award: Filed By: Holmes and Holmes, Attorneys at Law (Petitioner),Robert K. Holmes (Petitioner); Result: Denied; Result Date: 10/14/2020
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07/15/2020

DocketUpdated -- Application for Publication reL Daniel: Name Extension changed from Application for Publication to for Publication reL Daniel; Result Date: 07/15/2020; As To Parties changed from Daniel Gray (Respondent) to Daniel Gray (Respondent); Status changed from Filed to Rejected
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07/15/2020

DocketUpdated -- Notice of Rejection of Electronic Filing: Status Date changed from 06/29/2020 to 07/15/2020; As To Parties: removed
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07/15/2020

DocketUpdated -- Order for Publication for Daniel: Status Date changed from 07/15/2020 to 07/15/2020; Name Extension: for Daniel; Result Date changed from 07/15/2020 to 07/15/2020; As To Parties changed from Daniel Gray (Respondent) to Daniel Gray (Respondent)
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07/15/2020

DocketOrder for Publication; Filed by: Robert K. Holmes (Petitioner); As to: Daniel Gray (Respondent)
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07/13/2020

DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/14/2020 at 10:30 AM in Spring Street Courthouse at Department 26
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07/13/2020

DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)
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07/13/2020

DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 07/13/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 10/14/2020 10:30 AM
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06/29/2020

DocketApplication Application for Publication; Filed by: Robert K. Holmes (Petitioner); As to: Daniel Gray (Respondent)
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03/10/2020

DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 07/13/2020 at 08:30 AM in Spring Street Courthouse at Department 26
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03/10/2020

DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
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03/09/2020

DocketPetition to Confirm Arbitration Award; Filed by: Robert K. Holmes (Petitioner); Holmes and Holmes, Attorneys at Law (Petitioner); As to: Daniel Gray (Respondent)
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03/09/2020

DocketSummons on Petition; Issued and Filed by: Robert K. Holmes (Petitioner); Holmes and Holmes, Attorneys at Law (Petitioner); As to: Daniel Gray (Respondent)
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03/09/2020

DocketCivil Case Cover Sheet; Filed by: Robert K. Holmes (Petitioner); Holmes and Holmes, Attorneys at Law (Petitioner); As to: Daniel Gray (Respondent)
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03/09/2020

DocketNotice of Hearing on Petition; Filed by: Clerk
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03/09/2020

DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
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03/09/2020

DocketFirst Amended Standing Order; Filed by: Clerk
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Tentative Rulings

Case Number: 20STCP00990 Hearing Date: October 14, 2020 Dept: 26

Holmes, et al. v. Gray, et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioners Robert K. Holmes and Holmes & Holmes’ Petition to Confirm Arbitration Award is DENIED.

ANALYSIS:

Petitioners Robert K. Holmes and Holmes & Holmes (“Petitioners”) filed the instant Petition to Confirm Arbitration Award against David Gray (“Respondent”) on March 9, 2020.

The Petition initially came for hearing on July 13, 2020, at which time the Court found defects in Petitioners’ service of the Petition, Notice of Hearing and Arbitration Award. (Minute Order, 7/13/20.) The Court continued the hearing to October 14, 2020 and ordered Petitioners to file and serve papers demonstrating the service defects had been corrected at least 16 court days prior to the continued hearing date. (Ibid.) The Court also ordered Petitioners to give Respondent notice of the continued hearing date. (Ibid.)

To date, Petitioners have not filed any supplemental papers correcting the service defects as ordered by the Court, nor have Petitioners demonstrated that they provided Respondent with notice of the upcoming hearing date. Nor has any opposition to the Petition been filed to date.

The Court notes that on July 15, 2020, Petitioners filed an Order for Publication that was rejected because it was not accompanied by an Application for Service by Publication. (Order for Publication; Notice of Rejection of Electronic Filing, filed 7/15/20.) It appears that Petitioners intended to serve Respondent by publication but have not made any further attempt at service in the last four months.

Based on Petitioners’ failure to demonstrate proper service of the Petition, Notice of Hearing, and Arbitration Award, despite an additional opportunity to do so, the Petition to Confirm Arbitration Award is DENIED.

Court clerk to give notice.

Case Number: 20STCP00990 Hearing Date: July 13, 2020 Dept: 26

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioners Robert K. Holmes and Holmes & Holmes’ Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 14, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Petitioners Robert K. Holmes and Holmes & Holmes (“Petitioners”) filed the instant Petition to Confirm Arbitration Award against David Gray (“Respondent”) on March 9, 2020. To date, no opposition 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).)

Petitioners have not filed proof of service demonstrating service of the Petition and Notice of Hearing on Respondent. Therefore, the Court cannot find that Petitioners have satisfied the requirements for service under Code of Civil Procedure, section 1290.4. There is currently pending an Application for Service by Publication, which was filed on June 29, 2020.

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

Petitioner also fails to demonstrate service of the Arbitration Award as required by Code of Civil Procedure section 1283.6. Under this section, service of the arbitration award by the arbitrator must be “personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.) The proof of service attached to the Arbitration Award only demonstrates service on the parties by regular, first class mail. (Pet., Attachment 6(c), Proof of Service.)

Alternatively, service of the award in conjunction with the Petition can satisfy the statutory requirements but only if the requirements of Code of Civil Procedure section 1290.4 have been satisfied. (See Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) As discussed above, however, Petitioner has not demonstrated any service let alone proper statutory service of the Petition.

Additionally, 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. Until service of the Arbitration Award is demonstrated, the Court cannot find that the requirements of either Code of Civil Procedure, sections 1283.6 and 1288 have been satisfied.

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:

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 complies with the above requirements. It sets forth the nature of the agreement to arbitrate, which is an attorney-client fee dispute agreement. (Pet., ¶2.) It also sets forth the name of the Arbitrator (Stephen Spiegel) and attaches a copy of the Award to the Petition. (Pet., Attachment 6(c), p. 6.) The Petition demonstrates that on January 20, 2020, the arbitrator issued an award requiring Respondent to pay Petitioners $6,699.52, plus ten (10) percent interest per annum from the 30th day after the date of the Award.

Accordingly, Petitioner has complied with the requirements of Code of Civil Procedure, section 1285.4.

Request for Costs

To the extent Petitioners request costs according to proof (Pet., ¶10(e)), those are permitted on a petition to confirm arbitration award. (Code Civ. Proc., § 1293.2; MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Petitioner may file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700.

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 14, 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 TO FILE AND SERVE PAPERS CORRECTING THE PROBLEMS NOTED ABOVE. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice of this order and the new hearing date.

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