ROBERT K. HOLMES VS DANIEL GRAY
Case Summary
On 11/17/2020 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 Disposed - Dismissed.
Case Details
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Case Number:
*******3824
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Filing Date:
11/17/2020
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Case Status:
Disposed - Dismissed
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Courthouse:
Spring Street Courthouse
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County, State:
Los Angeles, California
Judge Details
Judge
SERENA R. MURILLO
Party Details
Petitioner
HOLMES ROBERT K.
Respondent
GRAY DANIEL
Attorney/Law Firm Details
Petitioner Attorney
HOLMES ROBERT K
Court Documents
3/23/2021: Order - Dismissal - Order - Dismissal
3/19/2021: Proof of Personal Service - Proof of Personal Service
3/23/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)
3/23/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 03/23/2021
3/5/2021: Proof of Personal Service - Proof of Personal Service
1/5/2021: Summons - Summons on Petition
11/17/2020: First Amended Standing Order - First Amended Standing Order
11/17/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award
11/17/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
11/17/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
11/17/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
Docket Entries
- 03/23/2021
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DocketOn the Petition filed by Robert K. Holmes on 11/17/2020, entered Order for Dismissal without prejudice as to the entire action
- 03/23/2021
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DocketOrder - Dismissal; Issued and Filed by: Clerk
- 03/23/2021
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DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)
- 03/23/2021
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DocketCertificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 03/23/2021; Filed by: Clerk
- 03/23/2021
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DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/23/2021 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/23/2021; Result Type to Held
- 03/19/2021
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DocketProof of Personal Service; Filed by: Robert K. Holmes (Petitioner); As to: Daniel Gray (Respondent); Service Date: 03/04/2021; Service Cost: 200.00; Service Cost Waived: No
- 03/05/2021
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DocketProof of Personal Service; Filed by: Robert K. Holmes (Petitioner); As to: Daniel Gray (Respondent); Service Date: 03/04/2021; Service Cost: 200.00; Service Cost Waived: No
- 01/05/2021
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DocketSummons on Petition; Issued and Filed by: Robert K. Holmes (Petitioner); As to: Daniel Gray (Respondent)
- 11/18/2020
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DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/23/2021 at 08:30 AM in Spring Street Courthouse at Department 26
- 11/18/2020
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DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
- 11/17/2020
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DocketPetition to Confirm Arbitration Award; Filed by: Robert K. Holmes (Petitioner); As to: Daniel Gray (Respondent)
- 11/17/2020
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DocketCivil Case Cover Sheet; Filed by: Robert K. Holmes (Petitioner); As to: Daniel Gray (Respondent)
- 11/17/2020
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DocketNotice of Hearing on Petition; Filed by: Clerk
- 11/17/2020
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 11/17/2020
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DocketFirst Amended Standing Order; Filed by: Clerk
Tentative Rulings
Case Number: 20STCP03824 Hearing Date: March 23, 2021 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 DISMISSED. ANALYSIS: Petitioners Robert K. Holmes and Holmes & Holmes
(“Petitioners”) filed the instant Petition to Confirm Arbitration Award against
Daniel Gray (“Respondent”) on November 17, 2020. The Petition seeks to confirm an arbitration award issued on January 20, 2020 by arbitrator
Stephen Spiegel of Mediation & Arbitration Services, in Case No.
M-103-19-AC, 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.
(Pet., Attachment 6(c).) The Court on its own
motion takes judicial notice of the filings in Holmes, et al. v. Gray, et al., LASC Case No. 20STCP00990, in which Petitioners sought confirmation of
the same arbitration award against the same Respondent. (LASC Case No.
20STCP00990, Pet., Attachment 6(c).) The petition in LASC Case No. 20STCP00990
was denied on October 14, 2020. (LASC Case No. 20STCP00990, Minute Order,
10/14/20, p. 2.) Under Code of Civil
Procedure section 1294, subdivision (b), an order dismissing a petition to confirm
an arbitration award, which is the equivalent of a denial of the petition, is thereafter
appealable. (Code Civ. Proc., § 1294, subd. (b); Cinel v. Christopher
(2012) 203 Cal.App.4th 759, 765.) Petitioner had no legal basis to file another
action seeking the same relief sought in LASC Case No. 20STCP00990. Petitioner’s
recourse was to appeal the result in LASC Case No. 20STCP00990. Petitioners Robert K. Holmes and Holmes & Holmes’ Petition to Confirm Arbitration Award is DISMISSED.
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