Preview
1 SUZANNE M. ALVES (SBN 195441)
salves@alvesradcliffe.com
2 ALVES RADCLIFFE, LLP
ELECTRONICALLY
2377 Gold Meadow Way, Suite 100
3 Gold River, CA 95670 F I L E D
Superior Court of California,
4 Telephone: (916) 596-1642 County of San Francisco
06/10/2020
5 Attorney for Respondents - Cross Petitioners Nationwide Biweekly Clerk of the Court
Administration, Inc., Loan Payment Administration, LLC, BY: RONNIE OTERO
Deputy Clerk
6 and Daniel S. Lipsky
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9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN FRANCISCO
11 In the Matter of the Arbitration Between
Case No. CPF 18-516384
12 PONIST LAW GROUP, p.c. AND SEAN E. (assigned to Hon. Judge Ethan P. Schulman, Dept
PONIST, 302)
13 Petitioners – Cross Respondents
14 DECLARATION OF SUZANNE ALVES IN
SUPPORT OF RESPONSE IN OPPOSITION
vs.
15 TO PONIST LAW GROUP AND SEAN E.
PONIST’S REQUEST TO CONFIRM
NATIONWIDE BIWEEKLY
16 ARBITRATION AWARD ON BEHALF OF
ADMINISTRATION, INC., an Ohio Corporation;
NATIONWIDE BIWEEKLY
17 LOAN PAYMENT ADMINISTRATION, LLC, an
ADMINISTRATION, INC., LOAN PAYMENT
Ohio Limited Liability Company; DANIEL S.
ADMINISTRATION, LLC AND DANIEL S.
18 LIPSKY, a. resident of Ohio
LIPSKY
19 Respondents – Cross-Petitioners
20 Date: June 18, 2020
Time: 9:30 a.m.
21 Dept 302
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DECLARATION OF SUZANNE M. ALVES IN SUPPORT OF NATIONWIDE
RESPONSE TO PONIST REQUEST TO CONFIRM ARBITRATION AWARD
1 I, Suzanne M. Alves, declare:
2 1. On April 23, 2020, I caused Mr. Ponist to be served with a copy of the Petition to Vacate the
3 Arbitration Award (“Petition to Vacate”), along with a Notice of Hearing. A copy of the Notice of Hearing
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is attached and marked as Exhibit BB.
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3. The Notice of Hearing, submitted to the Court on April 23, 2020, was served on Mr. Ponist and is
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attached as Exhibit BB. This Notice listed the Hearing Date as “TBD” and stated that the COVID-19
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pandemic substantially interfered with Nationwide’s ability to obtain a hearing date:
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9 Footnote 1: Due to the Orders of the Presiding Judge reducing Court operations to essential
services, which exclude the above-referenced matter, and the pandemic response Orders of
10 the State of California, counsel is currently unable to request a hearing date in this matter for
a date certain and files the Petition and accompany papers with the intent to request a hearing
11 date, and file and serve an Amended Notice of Hearing, upon resumption of civil Court
operations. (See Order of the Presiding Judge of the Superior Court of San Francisco issued
12 4/14/202 at C1.)
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4. Ultimately, this inability to obtain a hearing date from the Court due to COVID-19 turned out to
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cause a rejection of the April 23, 2020 filing, after Court processing.
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5. The Clerk’s Office requested that the Petition be re-submitted with instructions for how to obtain
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a hearing date.
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18 6. Pursuant to this request, the Petition to Vacate that was originally presented for filing on April 23,
19 2020 was re-submitted and accepted for filing on May 21, 2020.
20 7. On May 21, 2020, I again caused Mr. Ponist to be served with the Petition to Vacate and a Notice
21 of Hearing with a specified date.
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I have personal knowledge of the foregoing facts and if called as a witness could testify competently
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thereto.
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27 //
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DECLARATION OF SUZANNE M. ALVES IN SUPPORT OF NATIONWIDE
RESPONSE TO PONIST REQUEST TO CONFIRM ARBITRATION AWARD
1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true
2 and correct.
3 Executed this ___10thday of June 2020 at Gold River, California.
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__________________________
6 Suzanne M. Alves
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DECLARATION OF SUZANNE M. ALVES IN SUPPORT OF NATIONWIDE
RESPONSE TO PONIST REQUEST TO CONFIRM ARBITRATION AWARD
EXHIBIT BB
1 SUZANNE M. ALVES (SBN 195441)
salves@alvesradcliffe.com
2 ALVES RADCLIFFE, LLP
2377 Gold Meadow Way, Suite 100
3 Gold River, CA 95670
4 Telephone: (916) 596-1642
5 Attorney for Respondents - Cross Petitioners Nationwide Biweekly
Administration, Inc., Loan Payment Administration, LLC,
6 and Daniel S. Lipsky
7
8
9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN FRANCISCO
11 In the Matter of the Arbitration Between
Case No. CPF 18-516384
12 PONIST LAW GROUP, p.c. AND SEAN E. (assigned to Hon. Judge Harold E. Kahn, Dept 302)
PONIST,
13 Petitioners – Cross Respondents
NOTICE OF HEARING ON
14 PETITION TO VACATE ARBITRATION
vs. AWARD [C.C.P. § 1280 et seq.]
15 ON BEHALF OF NATIONWIDE BIWEEKLY
NATIONWIDE BIWEEKLY ADMINISTRATION, INC., LOAN PAYMENT
16 ADMINISTRATION, LLC AND
ADMINISTRATION, INC., an Ohio Corporation;
LOAN PAYMENT ADMINISTRATION, LLC, an DANIEL S. LIPSKY
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Ohio Limited Liability Company; DANIEL S.
18 LIPSKY, a. resident of Ohio
Date: TBD
19 Respondents – Cross-Petitioners Time: 9:30 a.m.
Dept 302
20 Reservation No.:
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NOTICE OF HEARING ON PETITION TO VACATE ARBITRATION AWARD
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2 TO PONIST LAW GROUP, p.c. AND SEAN E. PONIST AND THEIR ATTORNEYS
OF RECORD:
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4 YOU ARE HEREBY NOTICED THAT on a mutually convenient date to be determined by the
5 Court and counsel 1 at 9:30 a.m., or as soon thereafter as the matter may be heard in Department 302 of the
6 above entitled Court, Cross-Petitioners, Nationwide Biweekly Administration, Inc. ("Nationwide Biweekly"),
7 Loan Payment Administration, LLC ("LPA") and Daniel S. Lipsky ("Mr. Lipsky"), (collectively "the
8 Nationwide Parties") by and through the undersigned counsel, and pursuant to Section 1286.2 of the
9 California Code of Civil Procedure and the terms of the parties’ Contract will and hereby do petition this
10 Court for an order vacating the arbitration award that was served on January 15, 2020.
This Petition is made on the grounds that the arbitrator exceeded her authority and the arbitration
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award violates the California Arbitration Act and California law, all as more fully described in the Petition
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and the Memorandum of Points and Authorities filed herein. This Petition is based on this Notice, the
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Petition to Vacate the Arbitration Award and the accompanying Attachments, the Memorandum of Points
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and Authorities in support of this Petition, the accompanying Declaration of Daniel S. Lipsky and the
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accompanying Exhibits, and also upon such other and further oral and documentary evidence as may be
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presented at the hearing on this matter. .
17 Dated: April 24, 2020 ALVES RADCLIFFE LLP
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19 ________________________________
By: SUZANNE M. ALVES
20 Attorney for Respondents – Cross Petitioners
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/ Due to the Orders of the Presiding Judge reducing Court operations to essential services, which
26 exclude the above-referenced matter, and the pandemic response Orders of the State of California, counsel is
currently unable to request a hearing date in this matter for a date certain and files the Petition and
27 accompanying papers with the intent to request a hearing date, and file and serve an Amended Notice of
Hearing, upon resumption of civil Court operations. (See Order of the Presiding Judge of the Superior Court
28 of San Francisco issued 4/14/2020, at C.1.)
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NOTICE OF HEARING ON PETITION TO VACATE ARBITRATION AWARD
1 PROOF OF SERVICE
2
I am over the age of eighteen years and not a party to this action. My business address is: 2377 Gold
3 Meadow Way, Ste. 100, Gold River, CA 95628. My email address is salves@alvesradcliffe.com.
4 On the April 24, 2020, I caused the following documents to be served:
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• Petition to Vacate Arbitration Award
6 • Notice of Hearing on Petition to Vacate Arbitration Award [C.C.P. §1280 et seq.] of
Nationwide Biweekly Administration, Inc., Loan Payment Administration, LLC and Daniel
7 S. Lipsky
8 • Memorandum of Points and Authorities in Support of Petition to Vacate Arbitration Award
[C.C.P. §1280 et seq.] of Nationwide Biweekly Administration, Inc., Loan Payment
9 Administration, LLC and Daniel S. Lipsky
• Declaration of Daniel S. Lipsky in Support of Petition to Vacate Arbitration Award [C.C.P.
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§1280 et seq.] of Nationwide Biweekly Administration, Inc., Loan Payment Administration,
11 LLC and Daniel S. Lipsky
• Request for Judicial Notice in Support of Petition to Vacate Arbitration Award [C.C.P.
12 §1280 et seq.] of Nationwide Biweekly Administration, Inc., Loan Payment Administration,
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LLC and Daniel S. Lipsky
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(X) (BY MAIL) I am employed in the County where the mailing described below occurred,
15 and am readily familiar with the business practice for collection and processing of correspondence
for mailing with the United States Postal Services. I placed a true copy thereof [to which was
16 attached a copy of this document(s)] in a sealed envelope with postage thereon fully prepaid. The
envelope will be deposited with the United States Postal Service on this day in the ordinary course of
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business in Gold River, California, following ordinary business practices. The envelope was
18 addressed to the following:
(X) (BY ELECTRONIC MAIL) I caused the documents as identified above to be delivered
19 by electronic mail to the addressee(s) listed below.
( ) (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the
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addressees listed below.
21 ( ) (BY FACSIMILE AND MAIL) I caused the document listed above to be served by
telefaxing said document to the number listed below the location shown as follows and thereon fully
22 prepaid and deposited the envelope with the United States Postal Service (as described in the service
by mail above.)
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( ) (BY FEDERAL EXPRESS) I caused the document to be served by placing a true copy
24 thereof [to which was attached a copy of this document] in a sealed Federal Express overnight
envelope. The overnight envelope was then picked up by a Federal Express employee at the above
25 business address in Gold River, California and was addressed as listed below.
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The documents were addressed to the following:
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3 Frances M. O’Meara Sean E. Ponist
THOMPSON, COE & O’MEARA, LLP PONIST LAW GROUP, P.C.
4 12100 Wilshire Blvd., Ste. 1200 100 Pine Street, Ste. 1250
Los Angeles, California 90025 San Francisco, California 94111
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fomeara@thomsponcoe.com sponist@ponistlaw.com
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7 I, Suzanne M. Alves, declare under penalty of perjury that the foregoing is true and correct.
Executed on April 24, 2020, in Gold River, California
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Preview
1 SUZANNE M. ALVES (SBN 195441) salves@alvesradcliffe.com 2 ALVES RADCLIFFE, LLP ELECTRONICALLY 2377 Gold Meadow Way, Suite 100 3 Gold River, CA 95670 F I L E D Superior Court of California, 4 Telephone: (916) 596-1642 County of San Francisco 06/10/2020 5 Attorney for Respondents - Cross Petitioners Nationwide Biweekly Clerk of the Court Administration, Inc., Loan Payment Administration, LLC, BY: RONNIE OTERO Deputy Clerk 6 and Daniel S. Lipsky 7 8 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO 11 In the Matter of the Arbitration Between Case No. CPF 18-516384 12 PONIST LAW GROUP, p.c. AND SEAN E. (assigned to Hon. Judge Ethan P. Schulman, Dept PONIST, 302) 13 Petitioners – Cross Respondents 14 DECLARATION OF SUZANNE ALVES IN SUPPORT OF RESPONSE IN OPPOSITION vs. 15 TO PONIST LAW GROUP AND SEAN E. PONIST’S REQUEST TO CONFIRM NATIONWIDE BIWEEKLY 16 ARBITRATION AWARD ON BEHALF OF ADMINISTRATION, INC., an Ohio Corporation; NATIONWIDE BIWEEKLY 17 LOAN PAYMENT ADMINISTRATION, LLC, an ADMINISTRATION, INC., LOAN PAYMENT Ohio Limited Liability Company; DANIEL S. ADMINISTRATION, LLC AND DANIEL S. 18 LIPSKY, a. resident of Ohio LIPSKY 19 Respondents – Cross-Petitioners 20 Date: June 18, 2020 Time: 9:30 a.m. 21 Dept 302 22 23 24 25 26 27 28 DECLARATION OF SUZANNE M. ALVES IN SUPPORT OF NATIONWIDE RESPONSE TO PONIST REQUEST TO CONFIRM ARBITRATION AWARD 1 I, Suzanne M. Alves, declare: 2 1. On April 23, 2020, I caused Mr. Ponist to be served with a copy of the Petition to Vacate the 3 Arbitration Award (“Petition to Vacate”), along with a Notice of Hearing. A copy of the Notice of Hearing 4 is attached and marked as Exhibit BB. 5 3. The Notice of Hearing, submitted to the Court on April 23, 2020, was served on Mr. Ponist and is 6 attached as Exhibit BB. This Notice listed the Hearing Date as “TBD” and stated that the COVID-19 7 pandemic substantially interfered with Nationwide’s ability to obtain a hearing date: 8 9 Footnote 1: Due to the Orders of the Presiding Judge reducing Court operations to essential services, which exclude the above-referenced matter, and the pandemic response Orders of 10 the State of California, counsel is currently unable to request a hearing date in this matter for a date certain and files the Petition and accompany papers with the intent to request a hearing 11 date, and file and serve an Amended Notice of Hearing, upon resumption of civil Court operations. (See Order of the Presiding Judge of the Superior Court of San Francisco issued 12 4/14/202 at C1.) 13 4. Ultimately, this inability to obtain a hearing date from the Court due to COVID-19 turned out to 14 cause a rejection of the April 23, 2020 filing, after Court processing. 15 5. The Clerk’s Office requested that the Petition be re-submitted with instructions for how to obtain 16 a hearing date. 17 18 6. Pursuant to this request, the Petition to Vacate that was originally presented for filing on April 23, 19 2020 was re-submitted and accepted for filing on May 21, 2020. 20 7. On May 21, 2020, I again caused Mr. Ponist to be served with the Petition to Vacate and a Notice 21 of Hearing with a specified date. 22 I have personal knowledge of the foregoing facts and if called as a witness could testify competently 23 thereto. 24 // 25 // 26 27 // 28 2 DECLARATION OF SUZANNE M. ALVES IN SUPPORT OF NATIONWIDE RESPONSE TO PONIST REQUEST TO CONFIRM ARBITRATION AWARD 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 2 and correct. 3 Executed this ___10thday of June 2020 at Gold River, California. 4 5 __________________________ 6 Suzanne M. Alves 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF SUZANNE M. ALVES IN SUPPORT OF NATIONWIDE RESPONSE TO PONIST REQUEST TO CONFIRM ARBITRATION AWARD EXHIBIT BB 1 SUZANNE M. ALVES (SBN 195441) salves@alvesradcliffe.com 2 ALVES RADCLIFFE, LLP 2377 Gold Meadow Way, Suite 100 3 Gold River, CA 95670 4 Telephone: (916) 596-1642 5 Attorney for Respondents - Cross Petitioners Nationwide Biweekly Administration, Inc., Loan Payment Administration, LLC, 6 and Daniel S. Lipsky 7 8 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO 11 In the Matter of the Arbitration Between Case No. CPF 18-516384 12 PONIST LAW GROUP, p.c. AND SEAN E. (assigned to Hon. Judge Harold E. Kahn, Dept 302) PONIST, 13 Petitioners – Cross Respondents NOTICE OF HEARING ON 14 PETITION TO VACATE ARBITRATION vs. AWARD [C.C.P. § 1280 et seq.] 15 ON BEHALF OF NATIONWIDE BIWEEKLY NATIONWIDE BIWEEKLY ADMINISTRATION, INC., LOAN PAYMENT 16 ADMINISTRATION, LLC AND ADMINISTRATION, INC., an Ohio Corporation; LOAN PAYMENT ADMINISTRATION, LLC, an DANIEL S. LIPSKY 17 Ohio Limited Liability Company; DANIEL S. 18 LIPSKY, a. resident of Ohio Date: TBD 19 Respondents – Cross-Petitioners Time: 9:30 a.m. Dept 302 20 Reservation No.: 21 22 23 24 25 26 1 27 NOTICE OF HEARING ON PETITION TO VACATE ARBITRATION AWARD 28 1 2 TO PONIST LAW GROUP, p.c. AND SEAN E. PONIST AND THEIR ATTORNEYS OF RECORD: 3 4 YOU ARE HEREBY NOTICED THAT on a mutually convenient date to be determined by the 5 Court and counsel 1 at 9:30 a.m., or as soon thereafter as the matter may be heard in Department 302 of the 6 above entitled Court, Cross-Petitioners, Nationwide Biweekly Administration, Inc. ("Nationwide Biweekly"), 7 Loan Payment Administration, LLC ("LPA") and Daniel S. Lipsky ("Mr. Lipsky"), (collectively "the 8 Nationwide Parties") by and through the undersigned counsel, and pursuant to Section 1286.2 of the 9 California Code of Civil Procedure and the terms of the parties’ Contract will and hereby do petition this 10 Court for an order vacating the arbitration award that was served on January 15, 2020. This Petition is made on the grounds that the arbitrator exceeded her authority and the arbitration 11 award violates the California Arbitration Act and California law, all as more fully described in the Petition 12 and the Memorandum of Points and Authorities filed herein. This Petition is based on this Notice, the 13 Petition to Vacate the Arbitration Award and the accompanying Attachments, the Memorandum of Points 14 and Authorities in support of this Petition, the accompanying Declaration of Daniel S. Lipsky and the 15 accompanying Exhibits, and also upon such other and further oral and documentary evidence as may be 16 presented at the hearing on this matter. . 17 Dated: April 24, 2020 ALVES RADCLIFFE LLP 18 19 ________________________________ By: SUZANNE M. ALVES 20 Attorney for Respondents – Cross Petitioners 21 22 23 24 25 1 / Due to the Orders of the Presiding Judge reducing Court operations to essential services, which 26 exclude the above-referenced matter, and the pandemic response Orders of the State of California, counsel is currently unable to request a hearing date in this matter for a date certain and files the Petition and 27 accompanying papers with the intent to request a hearing date, and file and serve an Amended Notice of Hearing, upon resumption of civil Court operations. (See Order of the Presiding Judge of the Superior Court 28 of San Francisco issued 4/14/2020, at C.1.) 2 NOTICE OF HEARING ON PETITION TO VACATE ARBITRATION AWARD 1 PROOF OF SERVICE 2 I am over the age of eighteen years and not a party to this action. My business address is: 2377 Gold 3 Meadow Way, Ste. 100, Gold River, CA 95628. My email address is salves@alvesradcliffe.com. 4 On the April 24, 2020, I caused the following documents to be served: 5 • Petition to Vacate Arbitration Award 6 • Notice of Hearing on Petition to Vacate Arbitration Award [C.C.P. §1280 et seq.] of Nationwide Biweekly Administration, Inc., Loan Payment Administration, LLC and Daniel 7 S. Lipsky 8 • Memorandum of Points and Authorities in Support of Petition to Vacate Arbitration Award [C.C.P. §1280 et seq.] of Nationwide Biweekly Administration, Inc., Loan Payment 9 Administration, LLC and Daniel S. Lipsky • Declaration of Daniel S. Lipsky in Support of Petition to Vacate Arbitration Award [C.C.P. 10 §1280 et seq.] of Nationwide Biweekly Administration, Inc., Loan Payment Administration, 11 LLC and Daniel S. Lipsky • Request for Judicial Notice in Support of Petition to Vacate Arbitration Award [C.C.P. 12 §1280 et seq.] of Nationwide Biweekly Administration, Inc., Loan Payment Administration, 13 LLC and Daniel S. Lipsky 14 (X) (BY MAIL) I am employed in the County where the mailing described below occurred, 15 and am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Services. I placed a true copy thereof [to which was 16 attached a copy of this document(s)] in a sealed envelope with postage thereon fully prepaid. The envelope will be deposited with the United States Postal Service on this day in the ordinary course of 17 business in Gold River, California, following ordinary business practices. The envelope was 18 addressed to the following: (X) (BY ELECTRONIC MAIL) I caused the documents as identified above to be delivered 19 by electronic mail to the addressee(s) listed below. ( ) (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the 20 addressees listed below. 21 ( ) (BY FACSIMILE AND MAIL) I caused the document listed above to be served by telefaxing said document to the number listed below the location shown as follows and thereon fully 22 prepaid and deposited the envelope with the United States Postal Service (as described in the service by mail above.) 23 ( ) (BY FEDERAL EXPRESS) I caused the document to be served by placing a true copy 24 thereof [to which was attached a copy of this document] in a sealed Federal Express overnight envelope. The overnight envelope was then picked up by a Federal Express employee at the above 25 business address in Gold River, California and was addressed as listed below. 26 // 27 // 28 1 The documents were addressed to the following: 2 3 Frances M. O’Meara Sean E. Ponist THOMPSON, COE & O’MEARA, LLP PONIST LAW GROUP, P.C. 4 12100 Wilshire Blvd., Ste. 1200 100 Pine Street, Ste. 1250 Los Angeles, California 90025 San Francisco, California 94111 5 fomeara@thomsponcoe.com sponist@ponistlaw.com 6 7 I, Suzanne M. Alves, declare under penalty of perjury that the foregoing is true and correct. Executed on April 24, 2020, in Gold River, California 8 9 10 SUZANNE M. ALVES 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28