Gregory VS Abou Samra MD

Gregory v. Abou-Samra, VCNAMG, and Xie

13-446558

6-15-16

J. Reid (40)

Motion: Defendant Dr. Xie's motion to disqualify Judge Long as Arbitrator and to appoint new arbitrator.

Ruling: Motion is DENIED

Grounds: CCP §1291.9. Judge Long failed to disclose his business relationship with attorney Glenn Campbell. This prejudiced Dr. Xie and prevented him from being able to preemptively strike Judge Long as an arbitrator. Judge Long made a material omission in his disclosure and this allows Dr. Xie the right to raise this issue at this time.

Opposition: The relationship was over 30 years ago. There was only a slight overlap of work at the same law firm. In no event may a preemptory disqualification occur after contested rulings. This is just a move to derail the arbitration.

Analysis:

Dr. Xie has the burden on this motion. "An arbitrator's failure to disclose info........