This case was last updated from Los Angeles County Superior Courts on 05/23/2021 at 08:23:54 (UTC).

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 Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3824

  • Filing Date:

    11/17/2020

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Other - Arbitration

  • Courthouse:

    Spring Street Courthouse

  • 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

Order - Dismissal - Order - Dismissal

3/23/2021: Order - Dismissal - Order - Dismissal

Proof of Personal Service - Proof of Personal Service

3/19/2021: Proof of Personal Service - Proof of Personal Service

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

3/23/2021: 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 03/23/2021

3/23/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 03/23/2021

Proof of Personal Service - Proof of Personal Service

3/5/2021: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Petition

1/5/2021: Summons - Summons on Petition

First Amended Standing Order - First Amended Standing Order

11/17/2020: First Amended Standing Order - First Amended Standing Order

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

11/17/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Civil Case Cover Sheet - Civil Case Cover Sheet

11/17/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/17/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

11/17/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 03/23/2021
  • DocketOn the Petition filed by Robert K. Holmes on 11/17/2020, entered Order for Dismissal without prejudice as to the entire action

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  • 03/23/2021
  • DocketOrder - Dismissal; Issued and Filed by: Clerk

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  • 03/23/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 03/23/2021
  • DocketCertificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 03/23/2021; Filed by: Clerk

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  • 03/23/2021
  • 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

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  • 03/19/2021
  • 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

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  • 03/05/2021
  • 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

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  • 01/05/2021
  • DocketSummons on Petition; Issued and Filed by: Robert K. Holmes (Petitioner); As to: Daniel Gray (Respondent)

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  • 11/18/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/23/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/18/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 11/17/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Robert K. Holmes (Petitioner); As to: Daniel Gray (Respondent)

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  • 11/17/2020
  • DocketCivil Case Cover Sheet; Filed by: Robert K. Holmes (Petitioner); As to: Daniel Gray (Respondent)

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  • 11/17/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/17/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/17/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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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.

Court clerk to give notice. 
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