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This case was last updated from Los Angeles County Superior Courts on 01/11/2020 at 01:28:38 (UTC).

SY ACCOUNTANCY CORPORATION VS ARLENE AL-OS, CPA ET. AL.

Case Summary

On 04/07/2017 SY ACCOUNTANCY CORPORATION filed a Property - Other Property Fraud lawsuit against ARLENE AL-OS, CPA. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judge overseeing this case is RALPH C. HOFER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6358

  • Filing Date:

    04/07/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

RALPH C. HOFER

 

Party Details

Plaintiffs, Cross Defendants and Not Classified By Court

SY ACCOUNTANCY CORPORATION

SY VICTOR SANTOS

MIRA MONTE INVESTMENTS LLC

Defendants, Cross Plaintiffs and Not Classified By Court

AL-OS & ASSOCIATES ACCOUNTANCY CORP.

ARLENE AL-OS CPA

MIRA MONTE INVESTMENTS LLC

SY ACCOUNTANCY CORPORATION

SY VICTOR SANTOS

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorneys

MARIANO A. ALVAREZ LAW OFFICES OF

HAMRICK A. RAYMOND III

BARAB MARTIN JOHN

MILMAN GEORGE R

Defendant and Cross Plaintiff Attorneys

SORELL LAW GROUP

ADLI LAW GROUP P.C.

SHENIAN DATEV KRIKOR

SHENIAN DATEV

 

Court Documents

Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

7/31/2019: Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

4/10/2019: Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

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

12/13/2018: Minute Order - Minute Order (Post-Arbitration Status Conference)

Notice of Case Management Conference

4/11/2017: Notice of Case Management Conference

Legacy Document - LEGACY DOCUMENT TYPE: Proof-Service/Summons

5/17/2017: Legacy Document - LEGACY DOCUMENT TYPE: Proof-Service/Summons

Case Management Statement

8/31/2017: Case Management Statement

Minute Order - Minute order entered: 2017-09-11 00:00:00

9/11/2017: Minute Order - Minute order entered: 2017-09-11 00:00:00

Minute Order - Minute order entered: 2017-12-11 00:00:00

12/11/2017: Minute Order - Minute order entered: 2017-12-11 00:00:00

Minute Order - Minute order entered: 2018-03-13 00:00:00

3/13/2018: Minute Order - Minute order entered: 2018-03-13 00:00:00

Notice Re: Continuance of Hearing and Order

8/13/2018: Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order

8/13/2018: Notice Re: Continuance of Hearing and Order

Legacy Document - LEGACY DOCUMENT TYPE: Miscellaneous-Other

9/7/2018: Legacy Document - LEGACY DOCUMENT TYPE: Miscellaneous-Other

RETURNED MAIL -

9/7/2018: RETURNED MAIL -

Minute Order - Minute order entered: 2018-09-19 00:00:00

9/19/2018: Minute Order - Minute order entered: 2018-09-19 00:00:00

Minute Order - Minute order entered: 2018-10-04 00:00:00

10/4/2018: Minute Order - Minute order entered: 2018-10-04 00:00:00

Minute Order - (Legacy Event Type : Trial)

10/15/2018: Minute Order - (Legacy Event Type : Trial)

Notice of Continuance -

8/13/2018: Notice of Continuance -

Notice of Continuance -

8/13/2018: Notice of Continuance -

38 More Documents Available

 

Docket Entries

  • 04/14/2020
  • Hearing04/14/2020 at 08:30 AM in Department D at 600 East Broadway, Glendale, CA 91206; Post-Arbitration Status Conference

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  • 01/09/2020
  • Docketat 08:30 AM in Department D; Post-Arbitration Status Conference - Held - Continued

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  • 01/09/2020
  • Docketat 08:30 AM in Department D; Post-Arbitration Status Conference - Not Held - Continued - Court's Motion

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  • 01/09/2020
  • DocketCertificate of Mailing for ((Post-Arbitration Status Conference; Post-Arbitration Status C...) of 01/09/2020); Filed by Clerk

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  • 01/09/2020
  • DocketMinute Order ( (Post-Arbitration Status Conference; Post-Arbitration Status C...)); Filed by Clerk

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  • 07/31/2019
  • Docketat 08:30 AM in Department D; Post-Arbitration Status Conference - Not Held - Continued - Party's Motion

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  • 07/31/2019
  • DocketMinute Order ( (Post-Arbitration Status Conference)); Filed by Clerk

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  • 07/11/2019
  • DocketSubstitution of Attorney; Filed by AL-OS & ASSOCIATES ACCOUNTANCY CORP. (Defendant)

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  • 07/11/2019
  • DocketSubstitution of Attorney; Filed by CPA ARLENE AL-OS (Defendant)

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  • 06/07/2019
  • Docketat 08:30 AM in Department D; Hearing on Motion to be Relieved as Counsel

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77 More Docket Entries
  • 05/17/2017
  • DocketProof-Service/Summons; Filed by SY ACCOUNTANCY CORPORATION (Plaintiff)

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  • 05/17/2017
  • DocketProof-Service/Summons; Filed by Attorney for Plaintiff

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  • 04/11/2017
  • DocketNotice of Case Assignment - Unlimited Civil Case

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  • 04/11/2017
  • DocketSummons; Filed by Plaintiff

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  • 04/11/2017
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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  • 04/11/2017
  • DocketNotice of Case Management Conference

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  • 04/11/2017
  • DocketNotice (of order to show cause RE failure to comply with trial court delay reduction act)

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  • 04/07/2017
  • DocketCivil Case Cover Sheet

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  • 04/07/2017
  • DocketComplaint filed-Summons Issued

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  • 04/07/2017
  • DocketComplaint filed-Summons Issued; Filed by null

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Tentative Rulings

Case Number: EC066358    Hearing Date: March 26, 2021    Dept: D

TENTATIVE RULING
Calendar: 13
Date: 3/26/2021
Case No. EC066358
Case Name: Sy Accountancy Corporation v. Al-Os, et al.
PETITION TO CONFIRM ARBITRATION AWARD
Moving Party: Petitioners/Plaintiffs Sy Accountancy Corporation, Victor Santos Sy, and Mira 
Monte Investments, LLC     
Responding Party: Respondent/Defendant Al-os & Associates Accountancy Corporation  
(No Opposition)       
MOTION TO CONFIRM ARBITRATION AWARD
Written arbitration agreement attached or included verbatim (§1285.4(a)):  Attach. 4 (b), para. 15 Arbitrator(s) name(s) (§1285.4(b)): Howard F. Harrison     
Arbitration award and written opinion set forth (§1285.4(c)): Attach.  8 (c)
Petition served and filed not earlier than 10 days after service of the award (§1288.4) and no more than 4 years (§1288) after signed copy of award is served on petitioner: ok 
Petition verified or facts evidenced by declaration:   No  
DECLARATION OF MOVING PARTY (CCP §2015.5) No   
FACTUAL and PROCEDURAL BACKGROUND:
This action is brought by plaintiff Sy Accountancy Corporation, arising out of the purchase by defendantsArlene Al-os and defendant Al-os & Associates Accountancy Corporation of plaintiff’s accountancy practice in December of 2014.  Defendants filed a cross-complaint against plaintiff.  
The matter was submitted to arbitration pursuant to an arbitration provision in the Offer and Purchase Agreement (Business Assets).
The file shows that on September 4, 2020, defendant and cross-complainant Arlene Al-os filed a Notice of Stay of Proceedings, indicating that this matter was automatically stayed due to the filing by that party of a petition for bankruptcy.
Plaintiffs by their amended petition to confirm the arbitration award seek to confirm the award as to defendant Al-os & Associates Accountancy Corporation, noting that defendant Arlene Al-os has been removed as a party from whom such relief is sought because of her subsequent discharge in bankruptcy. 
ANALYSIS:
Procedural
No opposition
With respect to the enforcement of arbitration awards, CCP § 1286 provides:
“If a petition...under this chapter is duly served and filed, the court shall confirm the award as made... unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.”
Under CCP §§ 1286.4 and 1286.8, governing the conditions for vacating or correcting an award, the court may not vacate or correct an award unless a response requesting that the award be corrected or vacated has been duly served and filed.   Such a response to a petition must be filed within 10 days after service of the petition.  CCP § 1290.6.   Under CCP § 1290, “The allegations of a petition are deemed to be admitted by a respondent duly served therewith unless a response is duly served and filed.”    In this case, the petition was served by email on March 4, 2021. Permitting an additional two days for service by email, any opposition was to be filed by March 16, 2021.   No opposition has been filed.  The court confirms the award on the ground no challenge seeking to correct or vacate the award or dismiss the proceeding has been sought. 
No declaration or verification
The petition in this case is not accompanied by a declaration and the petition is not signed under penalty of perjury, as would ordinarily be required where proof is required and attached.   See CCP section 2015.5.   With respect to petitions concerning arbitration, however, the code specifically provides that the allegations of an unopposed petition are deemed admitted:
"The allegations of a petition are deemed to be admitted by a respondent duly served therewith unless a response is duly served and filed."
Under CCP section 1290.6, a response must be filed within ten days after service of a petition.   As noted above, no timely response has been filed, and the court will consider the allegations of the petition admitted.  
Substantive 
CCP § 1285.4 provides:
“A petition under this chapter shall:
(a) Set forth the substance of or have attached a copy of the agreement to arbitrate...
(b) Set forth the names of the arbitrators.
(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”
The petition satisfies these requirements. As indicated above, if a petition is duly served and filed, the court shall confirm the award, unless it either corrects or vacates the award or dismisses the proceeding in accordance with the sections governing those proceedings.  CCP § 1286.   A trial court decision confirming an arbitration award will be upheld on review if it is supported by substantial evidence.   Kohn v. Jaymar-Ruby, Inc. (1994) 23 Cal.App.4th 1530.   
The Court accordingly enters judgment in conformity with the Final Award of the American Arbitration Association, dated June 1, 2020, incorporating the Interim Award, and served on June 2, 2020, only as to defendant/cross-complainant Al-os & Associates Accountancy Corporation, including attorney’s fees as awarded by the arbitrator. 
The petition also seeks interest at the statutory rate from June 1, 2020.   
Under Civil Code section 3287 (a) “A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day…”   The legal rate under Civil Code § 3289 is 10 percent per annum. The Second District holds, “A prevailing party in arbitration is entitled to prejudgment interest as of the date of the final award to entry of judgment.”   Tenzera, Inc.  v. Osterman (2012) 205 Cal.App. 4th 16.  Interest will accordingly be awarded as requested. 
Costs are to be sought pursuant to an appropriate Memorandum of Costs. 
RULING:
[No Opposition] 
UNOPPOSED First Amended Petition to Confirm Arbitration Award is GRANTED. The Court notes that no timely response to the petition has been filed by defendant/respondent, and accordingly, under CCP § 1290, the allegations of the petition are deemed admitted by respondent.  Judgment to be entered in conformance with the Final Award, signed June 1, 2020, incorporating the Interim Award, as to defendant/cross-complainant Al-os & Associates Accountancy Corporation only, including attorney’s fees as awarded by the arbitrator.
Interest is awarded on the final award sum as requested from the date of the award, June 1, 2020, to this date, March 26, 2021, at the legal rate.  
Costs not awarded by the arbitrator are to be awarded pursuant to the procedures for the filing of a memorandum of costs. 
GIVEN THE CORONAVIRUS CRISIS, AND TO PROMOTE APPROPRIATE SOCIAL DISTANCING, UNTIL FURTHER ORDERED, DEPARTMENT D IS ENCOURAGING AUDIO OR VIDEO APPEARANCES 
Please make arrangements in advance if you wish to appear via LACourtConnect by visiting www.lacourt.org, and scheduling a remote appearance.  Please note that LACourtConnect offers an audio-only appearance option at a current cost of $15.00 and a video appearance option at a cost of $23.00.   Counsel and parties (including self-represented litigants) are encouraged not to personally appear, unless they have obtained advance permission of the Court.  Anyone who appears in person for the hearing will be required to comply with strict social distancing measures, including, but not limited to, assigned seating, capacity limitations in the courtroom, designated waiting areas, and strictly enforced spacing in line to communicate with court staff.  If no appearance is set up through LACourtConnect, or otherwise, then the Court will assume the parties are submitting on the tentative. 
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