On 11/06/2020 STEPHEN RANK filed an Other - Arbitration lawsuit against ROBERT D LYONS. 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 Pending - Other Pending.
*******3674
11/06/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
RANK VICKI
RANK STEPHEN
LYONS ROBERT D
3/12/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition to Confirm Contractual Arbitration Award) of 03/12/2021
3/12/2021: Minute Order - Minute Order (Hearing on Petition to Confirm Contractual Arbitration Award)
11/6/2020: Petition (name extension) - Petition to Confirm Contractual Arbitration Award
11/6/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
11/6/2020: First Amended Standing Order - First Amended Standing Order
11/6/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
Hearing05/13/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)
DocketOn the Court's own motion, Hearing on Petition to Confirm Contractual Arbitration Award scheduled for 03/12/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/13/2021 10:00 AM
DocketHearing on Petition to Confirm Contractual Arbitration Award scheduled for 05/13/2021 at 10:00 AM in Spring Street Courthouse at Department 25
DocketMinute Order (Hearing on Petition to Confirm Contractual Arbitration Award)
DocketCertificate of Mailing for (Hearing on Petition to Confirm Contractual Arbitration Award) of 03/12/2021; Filed by: Clerk
DocketPetition to Confirm Contractual Arbitration Award; Filed by: Stephen Rank (Petitioner); Vicki Rank (Petitioner)
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
DocketHearing on Petition to Confirm Contractual Arbitration Award scheduled for 03/12/2021 at 08:30 AM in Spring Street Courthouse at Department 25
Case Number: 20STCP03674 Hearing Date: March 12, 2021 Dept: 25
HEARING DATE: Fri., March 12, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: Rank, et al. v. Lyons PET. FILED: 11-06-20
CASE NUMBER: 20STCP03674
NOTICE: NO
PROCEEDINGS: PETITION TO CONFIRM ARBITRATION AWARD
MOVING PARTY: Petitioners Stephen Rank and Vicki Rank, in pro per
RESP. PARTY: None
PETITION TO CONFIRM ARBITRATION AWARD
(CCP § 1285)
TENTATIVE RULING:
Petitioners Stephen Rank and Vicki Rank’s Petition to Confirm Contractual Arbitration Award is CONTINUED TO MAY 13, 2021 AT 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioners must file a proof of service demonstrating the Petition was properly served on Respondent. Failure to do so may result in the Petition being placed off calendar or denied.
SERVICE:
[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO
[ ] Correct Address (CCP §§ 1013, 1013a) NO
[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO
OPPOSITION: None filed as of March 10, 2021 [ ] Late [X] None
REPLY: None filed as of March 10, 2021 [ ] Late [X] None
ANALYSIS:
Background & Discussion
On November 6, 2020, Petitioners Stephen Rank and Vicki Rank (“Petitioners”) filed the instant Petition to Confirm Contractual Arbitration Award (the “Petition”) against Respondent Robert D. Lyons (“Respondent”). No opposition was filed.
As an initial matter, the Court notes that Petitioners did not file a proof of service demonstrating the Petition was properly served. Code of Civil Procedure section 1290.4, the statute governing proper service of this Petition states, in pertinent part:
“(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.
(b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision: ¶ (1) Service within this State shall be made in the manner provided by law for the service of summons in an action.
Petitioners are ordered to file a proof of service demonstrating Respondent was served with the Petition and notice of hearing in accordance with Section 1290.4
Conclusion & Order
For the foregoing reasons, Petitioners Stephen Rank and Vicki Rank’s Petition to Confirm Contractual Arbitration Award is CONTINUED TO MAY 13, 2021 AT 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioners must file a proof of service demonstrating the Petition was properly served on Respondent. Failure to do so may result in the Petition being placed off calendar or denied.
Moving party is ordered to give notice.