This case was last updated from Los Angeles County Superior Courts on 10/03/2021 at 03:47:38 (UTC).

VIN A. FICHTER VS ADVANTAGE MANAGEMENT, INC., ET AL.

Case Summary

On 12/13/2019 VIN A FICHTER filed a Contract - Debt Collection lawsuit against ADVANTAGE MANAGEMENT, INC . This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is RANDY RHODES. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9341

  • Filing Date:

    12/13/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Judge

RANDY RHODES

 

Party Details

Plaintiffs

FICHTER VIN ALAN

FICHTER VIN A.

Defendants

ADVANTAGE MANAGEMENT INC.

ONE STOP STORAGE LLC

Attorney/Law Firm Details

Defendant Attorney

AREVALO ERIC

 

Court Documents

Notice of Ruling - Notice of Ruling

8/17/2021: Notice of Ruling - Notice of Ruling

Declaration re: Attorney's Fees - Declaration re: Attorney's Fees

5/28/2021: Declaration re: Attorney's Fees - Declaration re: Attorney's Fees

Minute Order - Minute Order (Post-Arbitration Status Conference)

6/29/2021: Minute Order - Minute Order (Post-Arbitration Status Conference)

Opposition (name extension) - Second Amended Opposition to Plaintiff's Urgent Ex Parte Matter

6/23/2020: Opposition (name extension) - Second Amended Opposition to Plaintiff's Urgent Ex Parte Matter

Opposition (name extension) - Opposition Amended Opposition to Plaintiff's Ex Parte

6/23/2020: Opposition (name extension) - Opposition Amended Opposition to Plaintiff's Ex Parte

Opposition (name extension) - Opposition OPPOSITION OF DEFENDANTS, ADVANTAGE MANAGEMENT, INC. AND ONE STOP STORAGE, LLC, TO PLAINTIFF'S URGENT EX PARTE MOTION WITHOUT APPEARANCE

6/24/2020: Opposition (name extension) - Opposition OPPOSITION OF DEFENDANTS, ADVANTAGE MANAGEMENT, INC. AND ONE STOP STORAGE, LLC, TO PLAINTIFF'S URGENT EX PARTE MOTION WITHOUT APPEARANCE

Ex Parte Application (name extension) - Vacating Stay, Orders to the Pending Arbitration, Other Additional/Alternative Relief

6/24/2020: Ex Parte Application (name extension) - Vacating Stay, Orders to the Pending Arbitration, Other Additional/Alternative Relief

Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application Vacating Stay, Orders to the ...) of 06/25/2020

6/25/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application Vacating Stay, Orders to the ...) of 06/25/2020

Minute Order - Minute Order (Court Order Re Reassignment to Limited Civil Non-Collections Hub)

7/7/2020: Minute Order - Minute Order (Court Order Re Reassignment to Limited Civil Non-Collections Hub)

Minute Order - Minute Order (Trial Setting Conference)

9/30/2020: Minute Order - Minute Order (Trial Setting Conference)

Notice (name extension) - Notice of Post-Arbitration Status Conference

10/6/2020: Notice (name extension) - Notice of Post-Arbitration Status Conference

Opposition (name extension) - Opposition to Plaintiff's Ex Parte Motion

11/30/2020: Opposition (name extension) - Opposition to Plaintiff's Ex Parte Motion

Minute Order - Minute Order (Hearing on Ex Parte Application Plaintiff Ex Parte Applicatio...)

12/1/2020: Minute Order - Minute Order (Hearing on Ex Parte Application Plaintiff Ex Parte Applicatio...)

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/4/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/4/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice (name extension) - Notice of Stay of Proceedings per Arbitration

4/1/2020: Notice (name extension) - Notice of Stay of Proceedings per Arbitration

Complaint - Complaint

12/13/2019: Complaint - Complaint

Summons - Summons on Complaint

12/13/2019: Summons - Summons on Complaint

22 More Documents Available

 

Docket Entries

  • 08/17/2021
  • DocketNotice of Ruling; Filed by: Advantage Management, Inc. (Defendant); One Stop Storage, LLC (Defendant)

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  • 08/16/2021
  • DocketMinute Order (Hearing on Motion - Other Petition to Confirm Arbitration Award)

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  • 08/16/2021
  • DocketHearing on Motion - Other Petition to Confirm Arbitration Award scheduled for 08/16/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/16/2021; Result Type to Held - Motion Granted

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  • 08/16/2021
  • DocketThe case is removed from the special status of: Stay - Attorney Fee Arbitration

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  • 07/13/2021
  • DocketRequest for Refund / Order; Filed by: Advantage Management, Inc. (Defendant); One Stop Storage, LLC (Defendant)

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  • 06/29/2021
  • DocketMinute Order (Post-Arbitration Status Conference)

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  • 06/29/2021
  • DocketHearing on Motion - Other Petition to Confirm Arbitration Award scheduled for 08/16/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 06/29/2021
  • DocketPost-Arbitration Status Conference scheduled for 06/29/2021 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 06/29/2021; Result Type to Held

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  • 06/09/2021
  • DocketPetition to Confirm Arbitration Award; Filed by: Advantage Management, Inc. (Defendant); One Stop Storage, LLC (Defendant); As to: Vin A. Fichter (Plaintiff)

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  • 05/28/2021
  • DocketResponse to Petition; Filed by: Vin A. Fichter (Plaintiff)

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43 More Docket Entries
  • 03/04/2020
  • DocketProof of Service by Substituted Service; Filed by: Vin Alan Fichter (Plaintiff); As to: Vin Alan Fichter (Plaintiff); Proof of Mailing Date: 02/13/2020; Service Cost: 40.00; Service Cost Waived: No

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  • 03/04/2020
  • DocketProof of Service by Substituted Service; Filed by: Vin Alan Fichter (Plaintiff); As to: Vin Alan Fichter (Plaintiff); Proof of Mailing Date: 02/13/2020; Service Cost: 40.00; Service Cost Waived: No

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  • 12/19/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 scheduled for 12/18/2020 at 08:30 AM in Chatsworth Courthouse at Department F43

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  • 12/19/2019
  • DocketCase assigned to Hon. Randy Rhodes in Department F43 Chatsworth Courthouse

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  • 12/13/2019
  • DocketComplaint; Filed by: Vin Alan Fichter (Plaintiff); As to: Advantage Management, Inc. (Defendant); One Stop Storage, LLC (Defendant)

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  • 12/13/2019
  • DocketSummons on Complaint; Issued and Filed by: Vin Alan Fichter (Plaintiff); As to: Advantage Management, Inc. (Defendant); One Stop Storage, LLC (Defendant)

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  • 12/13/2019
  • DocketCivil Case Cover Sheet; Filed by: Vin Alan Fichter (Plaintiff); As to: Advantage Management, Inc. (Defendant); One Stop Storage, LLC (Defendant)

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  • 12/13/2019
  • DocketOrder to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740); Filed by: Clerk

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  • 12/13/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/13/2019
  • DocketThe case is placed in special status of: Collections Case (CCP 3.740)

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Tentative Rulings

b'

Case Number: 19CHLC49341 Hearing Date: August 16, 2021 Dept: 25

PROCEEDINGS: PETITION\r\nTO CONFIRM ATTORNEY-CLIENT FEE ARBITRATION AWARD

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MOVING PARTY: Defendants\r\nAdvantage Management, Inc. and One Stop Storage, LLC

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RESP. PARTY: Plaintiff Vin A. Fichter

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PETITION TO CONFIRM ARBITRATION AWARD

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(CCP § 1285, et seq.)

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TENTATIVE RULING:

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Defendants Advantage Management, Inc.\r\nand One Stop Storage, LLC’s Petition to Confirm Attorney-Client Fee Arbitration\r\nAward is GRANTED.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: Filed on May 28, 2021 [ ] Late [ ]\r\nNone

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REPLY: None filed as\r\nof August 12, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground

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On December 13, 2019, Plaintiff Vin A. Fichter dba Law\r\nOffice of Vin A. Fichter (“Plaintiff”) filed an action against Defendants\r\nAdvantage Management, Inc. (“Advantage”) and One Stop Storage, LLC (“One Stop”)\r\n(collectively, “Defendants”).

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On April 1, 2020, Defendants filed a Notice of Stay of\r\nProceedings with regard to all parties due to Defendants filing for arbitration\r\nunder Business and Professions Code section 6201. (4/1/20 Notice of Stay.)

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Arbitrators Christopher Ayayo, Mark Karpe, and Anthony\r\nGilbert with the Orange County Bar Association, Mandatory Fee Arbitration\r\nCommittee (the “Arbitrators”) issued an Arbitration Award on February 25, 2021\r\nrequiring neither party to pay the other anything (the “Award”). (Pet., ¶ 6,\r\nAttach. 6(c).)

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Defendants filed the instant Petition to Confirm Attorney-Client\r\nFee Arbitration Award (the “Petition”) on June 9, 2021. Plaintiff filed a\r\nresponse to the Petition on May 28, 2021, likely because this Petition was\r\nserved before it was filed.

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Defendants did not file a reply.

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II. \r\nLegal\r\nStandard

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“Regardless of\r\nthe particular relief granted, any arbitrator’s award is enforceable only when\r\nconfirmed as a judgment of the superior court.” (O’Hare\r\nv. Municipal Resource Consultants (2003) 107 Cal.App.4th 267,\r\n278.) “Once\r\na petition to confirm an award is filed,\r\nthe superior court must select one of only four courses of action: it may\r\nconfirm the award, correct and confirm it, vacate it, or dismiss the\r\npetition.” (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018)\r\n21 Cal.App.5th 1058, 1063.) It is\r\nwell settled that the scope of judicial review of arbitration awards is\r\nextremely narrow.” (California Faculty Assn. v. Superior Court (1998)\r\n63 Cal.App.4th 935, 943.) “Neither the trial court, nor the appellate court, may\r\n‘review the merits of the dispute, the sufficiency of the evidence, or the\r\narbitrator’s reasoning, nor may we correct or review an award because of an\r\narbitrator’s legal or factual error, even if it appears on the award’s face.” (EHM\r\nProductions, supra, at p. 1063-64.)

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III. \r\nDiscussion

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A. Filing Requirements (Code\r\nCiv. Proc., § 1285.4)

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Code of Civil Procedure, section 1285.4 states: “A petition under this\r\nchapter shall:

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(a) Set forth the substance of or have\r\nattached a copy of the agreement to arbitrate unless the petitioner denies the\r\nexistence of such an agreement.

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(b) Set forth the names of the\r\narbitrators.

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(c) Set forth or have attached a copy of the award and the written\r\nopinion of the arbitrators, if any.”

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The Petition includes a copy of the\r\nArbitration Award, which sets forth the name of the neutral arbitrators. (Pet.,\r\n¶¶ 4, 6, Attach. 6(c).) It also sets forth that the arbitration proceedings\r\nwere conducted under Business and Professions Code sections 6200-6206. (Id.\r\nat ¶ 2.)

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Thus, Defendants have satisfied\r\nSection 1285.4.

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B. Service of the Petition, and Notice of Hearing (Code Civ. Proc., § 1290.4.)\r\n

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Here,\r\nDefendants served Plaintiff with the Petition via regular mail. (Mot., Proof of\r\nService.) Because Plaintiff has previously appeared in this action, service is\r\nproper under Code of Civil Procedure section 1290.4, subdivision (c).

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C. Service of the Arbitration Award & Timeliness of Petition (CCP\r\n§§ 1283.6, 1288, 1288.4)

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Code of Civil Procedure section 1283.6\r\nprovides that: “The neutral arbitrator\r\nshall serve a signed copy of the\r\naward on each party to the arbitration personally or by registered or certified\r\nmail or as provided in the agreement.” (Emphasis added.) Here, the neutral\r\narbitrators served a copy of the Award on March 31, 2021 via regular mail (Pet.,\r\nAttach. 6(c)), not via certified or registered mail as required by Section\r\n1283.6. However, “the sole function of the service of an award upon the parties\r\nto an arbitration is to give them notice of the existence and contents of the\r\naward.” (Murray v. Civil Service Emp.\r\nIns. Co., supra, at p. 799.) The Court finds that function was satisfied\r\nhere. Notably, Plaintiff’s response to the Petition states he does not object\r\nto the confirmation of the Award.

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In addition, a party may seek a\r\ncourt judgment confirming an arbitration award by filing and serving a petition\r\nno more than four years, but not less\r\nthan 10 days, after the award is served. (Code\r\nCiv. Proc., §§ 1288, 1288.4.) (Italics added.) Here, the parties were initially\r\nserved with the Award on May 31, 2021, and this Petition was filed more than 10\r\ndays later, on June 9, 2021.

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Thus, the Court finds that Defendants\r\nhave satisfied the requirements of Sections 1283.6, 1288, and 1288.4.

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D. Attorney’s Fees

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To the extent Defendants request\r\nattorney’s fees, they must do so via a properly noticed motion demonstrating a\r\nproper basis for their request.

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IV. \r\nConclusion\r\n& Order

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For the foregoing reasons, Defendants\r\nAdvantage Management, Inc. and One Stop Storage, LLC’s Petition to Confirm\r\nAttorney-Client Fee Arbitration Award is GRANTED.

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Moving parties are ordered to give\r\nnotice.

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