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May 23, 2018
San Diego County, CA
Civil - Unlimited
Petitions - Other
Nicholas & Butler LLP (Petitioner), represented by Craig M Nicholas
Cartwright Termite and Pest Control Inc (Respondent), represented by John F. Whittemore
Michael R Cartwright, Jr (Respondent), represented by John F. Whittemore
Rob Cartwright (Respondent)
Tentative Ruling: This tentative ruling is made by Judge Jeffrey Barton who will hear the Petitions. Contractual arbitration awards are generally immune from judicial review, except "in circumstances involving serious problems with the award itself, or with the fairness of the arbitration process." (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 11-12.) This reflects "a strong public policy in favor of arbitration as a speedy and relatively inexpensive means of dispute resolution." (Id. at p. 9, citations omitted.) By statute, the court shall confirm an arbitration award was made "unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings." (Code Civ. Proc. § 1286.) Per Code, the court shall vacate an arbitration award if it determines any of the following: - The award was procured by corruption, fraud, or other undue means. - There was corruption in any of the........
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