WELLS FARGO BANK, N.A. VS KYRSTAN HARADEN

Tentative Rulings

Case Number: 20STCP03637    Hearing Date: June 7, 2021    Dept: 25

PROCEEDINGS: PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioner Wells Fargo Bank, N.A.

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Wells Fargo Bank, N.A.’s Petition to Confirm Contractual Arbitration Award is PLACED OFF CALENDAR.

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 June 3, 2021 [ ] Late [X] None

REPLY: None filed as of June 3, 2021 [ ] Late [X] None

ANALYSIS:

I. Background & Discussion

Petitioner Wells Fargo Bank, N.A. (“Petitioner”) filed the instant Petition to Confirm Contractual Arbitration Award (the “Petition”) against Respondent Krystan Haraden (“Respondent”) on November 4, 2020.

At the initial March 10 hearing, the Court continued the hearing because no proof of service was filed demonstrating Respondent was properly served with the Petition and Notice of Hearing. (3/10/21 Minute Order.) Petitioner was ordered to file a proof of service and warned that failure to do so could result in the Petition being placed off calendar or denied. (Id.)

To date, no proof of service was filed. Thus, the Petition is PLACED OFF CALENDAR.

II. Conclusion & Order

For the foregoing reasons, Petitioner Wells Fargo Bank, N.A.’s Petition to Confirm Contractual Arbitration Award is PLACED OFF CALENDAR.

Moving party is ordered to give notice.

Case Number: 20STCP03637    Hearing Date: March 10, 2021    Dept: 25

CASE NAME: Wells Fargo Bank, N.A. v. Haraden PET. FILED: 11-04-20

PROCEEDINGS: PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioner Wells Fargo Bank, N.A.

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Wells Fargo Bank, N.A.’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, Petitioner must file a proof of service demonstrating Respondent was properly served with this Petition. 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 5, 2021 [ ] Late [X] None

REPLY: None filed as of March 5, 2021 [ ] Late [X] None

ANALYSIS:

1. Background & Discussion

Petitioner Wells Fargo Bank, N.A. (“Petitioner”) filed the instant Petition to Confirm Contractual Arbitration Award (the “Petition”) against Respondent Krystan Haraden (“Respondent”) on November 4, 2020.

As an initial matter, the Court notes Petitioner did not file a proof of service demonstrating Respondent was properly served with the Petition and notice of hearing. Thus, the matter is CONTINUED. Petitioner is ordered to serve the Petition and notice of hearing as required by Code of Civil Procedure section 1290.4 and to file a proof of service demonstrating it did so.

1. Conclusion & Order

For the foregoing reasons, Petitioner Wells Fargo Bank, N.A.’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, Petitioner must file a proof of service demonstrating Respondent was properly served with this Petition. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.