On June 05, 2013 a
Motion,Ex Parte
was filed
involving a dispute between
Christmann, Erika,
Curtaz, Gary,
and
Price, Allen L,
Price, Carol,
for (23) Unlimited Other PI/PD/WD
in the District Court of San Mateo County.
Preview
1 ALLEN L. PRICE
CAROL PRICE
2
2000 Vallemar Street
Moss Beach, CA 94038
4 Defendants In Pro Per
QNt-tt )u
mWW
SUPERIOR COURT OF CALIFORNIA:UNLIMITED
COUNTY OF SAN MATEO
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ERIKA CHRISTMANN, ) No. CIV 522015
GARY CURTAZ, )
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)
Plaintiffs, ) DEFENDANTS'OTICE OF MOTION
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) AND MOTION TO VACATE BINDING
14 ) ARBITRATIONAWARD
)
15 ALLEN L. PRICE )
CAROL PRICE ) Date: April 18, 2016
16 and DOES 1 through 25, inclusive, Time: 9:00 a.m.
)
17 ) Dept.: Law and Motion
Defendants. )
18 ) Binding Arbitrator: Charles Dyer
) Date of Arbitration: December 10/11, 2015
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20 TO PLAINTIFF ERIKA CHRISTMANN AND HER ATTONEYS OF RECORD:
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PLEASE TAKE NOTICE that on April 18, 2016 at 9:00 A.M. or as soon thereafter as the
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matter may be heard in the law and motion department of the Superior Court of the State of California,
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County of San Mateo, located at 400 County Center, Redwood City, California 94063, Defendants and
petitioners ALLENL. PRICE AND CAROL PRICE will move and petition the court for an order
26 vacating the arbitration award issued against them in the amount of $ 429,647.14, issued by arbitrator
Charles Dyer, with a 40% comparative fault finding of plaintiff.
DEFENDANTS'OTICE OF MOTION AND MOTION TO VACATE BINDING ARBITRATION
AWARD
1 The grounds for this motion are that under Code of Civil Procedure section 1285 et seq.,
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defendants have the right to petition the court to vacate the binding arb award of $ 429,647.14 —with
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60% liability —upon a showing that the arbitrator failed to hear material evidence. Code of Civil
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Procedure $1286.2; Burlage v. Superior Court (Spencer) (2009) 178 Cal.App.4th 524, 529. The
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arbitrator failed to hear and consider material evidence.
The grounds for vacating the award fall under Code of Civil Procedure section 1286.2 in that an
order-vacating -isappropriate: (2) where any of the arbitrators were corrupt or acted in a way which
— substantially
prejudiced the rights of a party; (3) where the arbitrators exceeded their powers; or (4)
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where a-party-'s rights were substantially prejudiced by a refusal to postpone the hearing for good cause
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or to hear material evidence. Code of Civil Procedure $ 1286.2.
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This. motion. is based upon this Notice of Motion and Motion, the accompanying Memorandum
of Points and Authorities, the accompanying Declaration of Allen Price, on such oral and documentary
15 evidence as may be presented at the hearing of this motion.
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DATED: March 11, 2016 By:
Allen Price
18 Defendant
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DEFENDANTS'OTICE OF MOTION AND MOTION TO VACATE BINDINGARBITRATION
AWARD
PROOF OF SERVICE
I am a citizen of the United States, over the age of 18 years, and not a party to the within entitled
action. I am employed in the County of San Mateo. On this date, I served the following document(s):
DEFENDANTS'OTICE OF MOTION AND MOTION TO VACATE BINDINGARBITRATION
AWARD
X ..;...:.. By placing for collection and mailing, following ordinary business practices at my place
of business; a true-and correct copy thereof, in a sealed envelope with postage thereon fully prepaid, and
addressed as set forth below.. I-am familiar with the business practice for collection and processing of
documents for. mailing with the United States Postal Service, said practice being that in the ordinary
10 course of business, documents are deposited with the United States Postal Service on the same day as
they are placed for collection.
By personal service on the parties to this action by causing a true and correct copy thereof to be
hand delivered to the offices or addresses of the person(s) set forth below.
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James A. Kaestner
Law Offices of James A. Kaestner
421 Grand Ave., Ste. A
15 South San Francisco, CA 94080
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. under
-I -.declare- penalty of perjury that the foregoing is true and correct. Executed on March 11,
2016 at Burlingame, California.
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DEFENDANTS'OTICE OF MOTION AND MOTION TO VACATE BINDINGARBITRATION
'WARD
Document Filed Date
March 11, 2016
Case Filing Date
June 05, 2013
Category
(23) Unlimited Other PI/PD/WD
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1 ALLEN L. PRICE CAROL PRICE 2 2000 Vallemar Street Moss Beach, CA 94038 4 Defendants In Pro Per QNt-tt )u mWW SUPERIOR COURT OF CALIFORNIA:UNLIMITED COUNTY OF SAN MATEO 10 ERIKA CHRISTMANN, ) No. CIV 522015 GARY CURTAZ, ) 12 ) Plaintiffs, ) DEFENDANTS'OTICE OF MOTION 13 ) AND MOTION TO VACATE BINDING 14 ) ARBITRATIONAWARD ) 15 ALLEN L. PRICE ) CAROL PRICE ) Date: April 18, 2016 16 and DOES 1 through 25, inclusive, Time: 9:00 a.m. ) 17 ) Dept.: Law and Motion Defendants. ) 18 ) Binding Arbitrator: Charles Dyer ) Date of Arbitration: December 10/11, 2015 19 20 TO PLAINTIFF ERIKA CHRISTMANN AND HER ATTONEYS OF RECORD: 21 PLEASE TAKE NOTICE that on April 18, 2016 at 9:00 A.M. or as soon thereafter as the 22 matter may be heard in the law and motion department of the Superior Court of the State of California, 23 County of San Mateo, located at 400 County Center, Redwood City, California 94063, Defendants and petitioners ALLENL. PRICE AND CAROL PRICE will move and petition the court for an order 26 vacating the arbitration award issued against them in the amount of $ 429,647.14, issued by arbitrator Charles Dyer, with a 40% comparative fault finding of plaintiff. DEFENDANTS'OTICE OF MOTION AND MOTION TO VACATE BINDING ARBITRATION AWARD 1 The grounds for this motion are that under Code of Civil Procedure section 1285 et seq., 2 defendants have the right to petition the court to vacate the binding arb award of $ 429,647.14 —with 3 60% liability —upon a showing that the arbitrator failed to hear material evidence. Code of Civil 4 Procedure $1286.2; Burlage v. Superior Court (Spencer) (2009) 178 Cal.App.4th 524, 529. The 5 arbitrator failed to hear and consider material evidence. The grounds for vacating the award fall under Code of Civil Procedure section 1286.2 in that an order-vacating -isappropriate: (2) where any of the arbitrators were corrupt or acted in a way which — substantially prejudiced the rights of a party; (3) where the arbitrators exceeded their powers; or (4) 10 where a-party-'s rights were substantially prejudiced by a refusal to postpone the hearing for good cause 11 or to hear material evidence. Code of Civil Procedure $ 1286.2. 12 This. motion. is based upon this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, the accompanying Declaration of Allen Price, on such oral and documentary 15 evidence as may be presented at the hearing of this motion. 16 DATED: March 11, 2016 By: Allen Price 18 Defendant 19 20 21 22 23 25 26 27 DEFENDANTS'OTICE OF MOTION AND MOTION TO VACATE BINDINGARBITRATION AWARD PROOF OF SERVICE I am a citizen of the United States, over the age of 18 years, and not a party to the within entitled action. I am employed in the County of San Mateo. On this date, I served the following document(s): DEFENDANTS'OTICE OF MOTION AND MOTION TO VACATE BINDINGARBITRATION AWARD X ..;...:.. By placing for collection and mailing, following ordinary business practices at my place of business; a true-and correct copy thereof, in a sealed envelope with postage thereon fully prepaid, and addressed as set forth below.. I-am familiar with the business practice for collection and processing of documents for. mailing with the United States Postal Service, said practice being that in the ordinary 10 course of business, documents are deposited with the United States Postal Service on the same day as they are placed for collection. By personal service on the parties to this action by causing a true and correct copy thereof to be hand delivered to the offices or addresses of the person(s) set forth below. 13 James A. Kaestner Law Offices of James A. Kaestner 421 Grand Ave., Ste. A 15 South San Francisco, CA 94080 16 7 - . under -I -.declare- penalty of perjury that the foregoing is true and correct. Executed on March 11, 2016 at Burlingame, California. 18 19 20 21 22 23 24 25 26 27 DEFENDANTS'OTICE OF MOTION AND MOTION TO VACATE BINDINGARBITRATION 'WARD