1400 E. Foothill, L.P., v. Horowitz

Case No.: 30-2020-01158913    

Petitioner’s (1400 E. Foothill, L.P.) Petition to Dismiss/Vacate Arbitration Award (Petition), filed on 9-3-20 under ROA No. 2, is DENIED.
Code of Civil Procedure section 1285 states, “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 respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” Code of Civil Procedure section 1286 provides in part, “(a) Subject to Section 1286.4, the court shall vacate the award if the court determines any of the following: [¶] (1) The award was procured by corruption, fraud or other undue means. [¶] (2) There was corruption in any of the arbitrators. [¶] (3) The rights of the party were substantially prejudiced by misconduct of a neutral arbitrator. [¶] (4) The arbitrators exceeded their powers and the award cannot be corrected without affecting the merits of the decision upon th........