TOBLER VS JAMES POTTS

HEARING ON MOTION TO/FOR VACATE JUDGMENT/ARBITRATION AWARD FILED

BY DAVID TOBLER, JANE TOBLER

* TENTATIVE RULING: *

Defendants David and Jane Tobler’s motion to vacate the judgment and arbitration award on which the judgment is based is denied. Procedurally, the motion appears to be untimely. CCP Section 1288 sets forth the time limits for filing a petition to vacate an arbitration award. The relevant language states: “A petition to vacate an award or correct an award shall be served and filed not later than 100 days after the date of the service of a signed copy of the award to the petitioner.”

The arbitration award was served on all parties on April 13, 2017. 100 days after the date of service of the award on the petitioner would be July 22, 2017. Plaintiffs filed their motion on October 2, 2017 and did not serve it until November 1, 2017.

In response, Plaintiffs’ counsel, David Stromberg, Esq. (“Stromberg”),........