How to Prepare a Petition to Vacate or Alter Arbitration Award

Useful Rulings on Petition to Vacate or Alter Arbitration Award

Recent Rulings on Petition to Vacate or Alter Arbitration Award

WESTADAMS, LLC, ET AL. VS FAME ASSISTANCE CORPORATION

On December 26, 2019, Petitioners filed a reply titled “response to cross-petition to vacate arbitration award and request that arbitration award be confirmed and judgment entered.” On December 30, 2019, Respondents filed a verified cross-complaint to vacate arbitration award.

  • Hearing

    Jul 09, 2020

HOME CONSTRUCTION SOLUTIONS CORP., ET AL. VS MARY ANN ROBERT HUTCHISON, ET AL.

PETITION TO CORRECT OR VACATE ARBITRATION AWARDD (CCP § 1286.6) TENTATIVE RULING: Petition of Home Construction Solutions Corporation to Correct or Vacate Arbitration Award is CONTINUED TO OCTOBER 7, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Petitioner Home Construction Services Corporation (“Petitioner”) filed the instant Petition to correct or vacate arbitration award against Respondents Ben Davis and Mary Ann Hutchinson (“Respondents”) on April 4, 2019.

  • Hearing

    Jul 08, 2020

ROBERT LANSING, ET AL. VS CSL 13 ALYSON POURAT, ET AL.

PETITION TO VACATE ARBITRATION AWARD (CCP § 1286.4) TENTATIVE RULING: Petitioners Robert Lansing and Complete Pool and Spa, Inc.’s Petition to Vacate Contractual Arbitration Award is CONTINUED TO SEPTEMBER 17, 2020 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 and serve supplemental papers correcting the deficiencies identified herein.

  • Hearing

    Jul 06, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

ROBERT LANSING, ET AL. VS CSL 13 ALYSON POURAT, ET AL.

PETITION TO VACATE ARBITRATION AWARD (CCP § 1286.4) TENTATIVE RULING: Petitioners Robert Lansing and Complete Pool and Spa, Inc.’s Petition to Vacate Contractual Arbitration Award is CONTINUED TO SEPTEMBER17, 2020 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 and serve supplemental papers correcting the deficiencies identified herein.

  • Hearing

    Jul 02, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

WILLIAM C PRICE VS REGINA MCPHAIL

On August 29, 2019, Respondent filed a Case to Vacate Arbitration, in pro per, which appears to be a petition to vacate the arbitration award. However, this was not scheduled for hearing and Respondent did not file a proof of service demonstrating it was properly served on Petitioner. The matter was initially set for hearing for October 15, 2019, but was continued to January 9, 2020. On December 20, 2019, Petitioner filed a supplemental declaration.

  • Hearing

    Jul 02, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

ROSEN & ASSOCIATES, P.C. VS RICHARD MERUELO

Petition to Vacate Arbitration Award On February 25, 2020, in the Lead Case, Petitioner filed a response to Respondent’s petition to vacate arbitration award that was filed in the Vacate Case. In its March 6, 2020 minute order, with respect to the motion to confirm arbitration award, the Court ordered Respondent to file a motion to vacate arbitration award due to the Court’s electronic filing system not showing a motion to vacate arbitration award being filed with respect to the Lead Case.

  • Hearing

    Jun 30, 2020

JP-RICHARDSON, LLC VS PACIFIC OAK SOR RICHARSON PORTFOLIO JV, LLC

Petition to Confirm Arbitration Award Motion to Confirm Arbitration Award There are two matters before the Court: (1) a Verified Petition to Vacate Arbitration Award (“Motion 1”), filed by JP-Richardson, LLC (“JP”) on 12/6/19, which is Denied; and (2) a Cross-Petition to Confirm Arbitration Award (“Motion 2”), filed by Pacific Oak SOR Richardson Portfolio JV, LLC f/k/a KBS SOR Richardson Portfolio, LLC (“KBS”) on 1/16/20, which is Granted.

  • Hearing

    Jun 26, 2020

JOHN C LABONTY JR VS MOMAGER INC ET AL

Request for Judicial Notice The court takes judicial notice of (1) the executed license agreement dated May 9, 2012, (2) the final award in JAMS Arbitration No. 1210033201 dated January 14, 2019, and (3) the July 5, 2019, final ruling on submitted Motions to Confirm/Vacate Arbitration Award, Los Angeles Superior Court Case No. BC 614374. Evidence Code §§452, 453.

  • Hearing

    Jun 25, 2020

  • Type

    Contract

  • Sub Type

    Breach

ELLEN SUZUKI VS YONEO TAKEHARA, ET AL.

The court takes judicial notice of: (1) the license agreement dated May 9, 2012, (2) the January 14, 2019 Final Award in JAMS Arbitration No. 1210033201 and (3) the July 5, 2019 Final Ruling on Submitted Motions to Confirm/Vacate Arbitration Award, Los Angeles Superior Court Case No. BC 614374. Objections to Evidence Plaintiff Ellen Suzuki’s objections to evidence are all OVERRULED. Plaintiff’s objection to new evidence submitted on reply is SUSTAINED.

  • Hearing

    Jun 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

HO V. NGUYEN

Motion to Vacate Arbitration Award The motion of the plaintiff to vacate the arbitrator’s award is DENIED. The motion to vacate is based on the basic ground that the original order granting the defendants’ motion to compel arbitration was wrong.

  • Hearing

    Jun 18, 2020

JUDITH RUGGIERO V. KAISER FOUNDATION HOSPITALS

The petition to vacate arbitration award is DENIED.

  • Hearing

    Jun 10, 2020

ROSEN & ASSOCIATES, P.C. VS RICHARD MERUELO

On February 25, 2020, Petitioner filed a response to Respondent’s petition to vacate arbitration award. A review of the Court’s future hearing dates does not indicate a set hearing date for June 5, 2020 with respect to Respondent’s petition to vacate. The Court, however, finds it logistically inefficient to rule on Petitioner’s motion while Respondent’s petition remains outstanding due to the risk of inconsistent rulings.

  • Hearing

    Mar 06, 2020

THOMAS ROCHA, ET AL. V. U-HAUL CO. OF CALIFORNIA, ET AL.

Motion: Plaintiffs’ petition to vacate arbitration award Tentative Ruling: To deny Plaintiffs’ petition to vacate the final arbitration award. (Code Civ. Proc. §1286.2.) To confirm the award. (Code Civ. Proc. §1286.)

  • Hearing

    Feb 18, 2020

JASKARAN SIHOTA V. BHAJAN SIHOTA

Defendants’ Motion to Vacate Arbitration Award Tentative Ruling: To grant plaintiffs’ motion to confirm and to deny defendants’ motion to vacate. Plaintiffs are directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's order. Explanation: I. Motion to Confirm Any party to an arbitration in which an award has been made may petition the court to confirm the award.

  • Hearing

    Feb 18, 2020

BROWNHOUSE CONSTRUCTION VS JOSEPH HAKIMPOUR

VACATE ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Petitioner Brownhouse Construction’s Petition to Vacate Arbitration Award is CONTINUED to JULY 20, 2020 at 10:30 am in Department 26 in the Spring Street Courthouse. At least 16 court days prior to the hearing, Respondent is to file and serve a supplemental brief solely addressing Petitioner’s contention that he was not given an opportunity to review and respond to the documents supporting the damages amount.

  • Hearing

    Feb 13, 2020

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

BROWNHOUSE CONSTRUCTION VS JOSEPH HAKIMPOUR

VACATE ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Petitioner Brownhouse Construction’s Petition to Vacate Arbitration Award is CONTINUED to JULY 20, 2020 at 10:30 am in Department 26 in the Spring Street Courthouse. At least 16 court days prior to the hearing, Respondent is to file and serve a supplemental brief solely addressing Petitioner’s contention that he was not given an opportunity to review and respond to the documents supporting the damages amount.

  • Hearing

    Feb 13, 2020

JAMES SCOTT VS JAMIE C BARLETT

(1) MOTION TO VACATE ARBITRATION AWARD by plaintiff James Scott is GRANTED. Request for Judicial Notice is granted. The court notes this motion was not scheduled by plaintiff. (See, San Diego Superior Court Rule 2.1.19) The court, in its discretion, has considered the Motion. Under the California Arbitration Act, the court does not conduct an independent review of an arbitration award for error of law.

  • Hearing

    Jan 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

KBS SOR RICHARDSON PORTFOLIO JV, LLC VS JP - RICHARDSON, LLC

Respondent explains that “before this action was filed, [Respondent] filed a Verified Petition to Vacate Arbitration Award in Orange County, California” and asserts that “under the First Filed Rule, this action should not proceed.” (Id. at p. 1:2-6.)

  • Hearing

    Jan 13, 2020

WILLIAM C PRICE VS REGINA MCPHAIL

On August 29, 2019, Respondent filed a “Case to Vacate Arbitration”). The Petition was initially set for hearing on October 15, 2019, then continued prior to the hearing to January 9, 2020. On December 20, 2019, Petitioner filed a supplemental declaration. Legal Standard Per Code of Civil Procedure section 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.

  • Hearing

    Jan 09, 2020

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

SUSAN ABUSAMRA-PIXLER ET AL VS U-HAUL INTERNATIONAL INC ET A

In response, on December 11, 2019, Plaintiff Susan filed her opposing Petition to Vacate Arbitration Award. On December 31, 2019, Plaintiff Charles filed a Joinder in Petition to Vacate Arbitration Award. Legal Standard Per CCP § 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.”

  • Hearing

    Jan 06, 2020

MID-CENTURY INSURANCE COMPANY VS ALLIANCE ENERGY COMPANY ET

MOTION TO VACATE ARBITRATION AWARD Date: 12/20/19 Case: Mid-Century Insurance Co. v. Alliance Energy Company, et al. (BC 644365) TENTATIVE RULING: Defendants Alliance Energy Company’s and Tzuu Pien Chiang’s Motion to Vacate Arbitration Award is DENIED. Defendant seek relief pursuant to statutory authority under which the Court may vacate an arbitration award, which this Court has already declined to do previously.

  • Hearing

    Dec 20, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ALBRIGHT, DON VS. MODESTO LLC

a) Defendant CF Modesto LLC dba Modesto Post Acute Center’s Petition to Compel Arbitration and Stay Further Proceedings – GRANTED; b) Plaintiff’s Petition to Vacate Arbitration Award – DENIED. As a preliminary matter, the Court notes that these competing petitions involve identical arguments and could likely have been resolved in a single petition to confirm with corresponding response pursuant to Code Civ. Proc. §1286 et seq.

  • Hearing

    Dec 18, 2019

DAVE BISCHOF VS IAN FREEBAIRN-SMITH

On March 4, 2019, Petitioner filed a Petition to Vacate Arbitration Award. On May 10, 2019, this Court granted the petition, finding that the entire contract that was the basis for the mechanic’s lien was unenforceable on the basis of unconscionability. (5/10/19 Minute Order.) On September 25, 2019, a non-jury trial took place. Respondent was not present. (9/25/19 Minute Order.)

  • Hearing

    Dec 17, 2019

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

CALIFORNIA CUSTOM CREATIONS, INC. A CALIFORNIA CORPORATION VS. JOHN T. WACASTER AS TRUSTEE OF THE WACASTER JOINT TRUST DATED OCTOBER 5, 2016

Petition to Vacate Arbitration Award DEF John Wacaster; DEF Christine Wacaster 2. Motion – Other (Confirm Arbitration Award) Defendants John Wacaster’s and Christine Wacaster’s petition to confirm the arbitration award dated July 3, 2019 is GRANTED. Plaintiff California Custom Creations, Inc.’s petition to vacate said award is DENIED. “[I]t is the general rule that, with narrow exceptions, an arbitrator’s decision cannot be reviewed for errors of fact or law.” (See Moncharsh v.

  • Hearing

    Dec 12, 2019

R MARIA ARCURI VS CBRE INC

SUBJECT: (1) Motion to Vacate Arbitration Award Moving Party: Plaintiff R Maria Arcuri Resp. Party: Defendant CBRE, Inc. (2) Request to Confirm Arbitration Award Moving Party: Defendant CBRE, Inc. Resp. Party: Plaintiff R Maria Arcuri Plaintiff’s motion to vacate the arbitration award is DENIED. Defendant’s request to confirm the arbitration award is GRANTED.

  • Hearing

    Dec 09, 2019

  • Type

    Employment

  • Sub Type

    Wrongful Term

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