HEARING ON PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD
FILED BY YAPSTONE, INC.
* TENTATIVE RULING: *
1. Service.
On March 11, 2020, the Court issued a tentative ruling denying the petition on the ground that there was no adequate proof of service. Although the Court granted petitioner’s request for service by publication, no proof of publication had been provided. Petitioner had instead provided proof of service through the Notice and Acknowledgment of Receipt procedure. The only acknowledgement that was returned signed by anyone is one signed on January 15, 2020, by “Michelle Truong, Esq.” Ms. Truong is not a party and is not counsel of record in this case. Nor was she identified (at that point) as counsel in the underlying arbitration. Nor was there any proof of service of notice of the hearing date. Accordingly, the Court tentatively concluded that it lacked jurisdiction to grant the petition. Petitioner then took the matter off calendar in order to “clarify the record.”
Hearing Date
June 04, 2020
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HEARING ON PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD
FILED BY YAPSTONE, INC.
* TENTATIVE RULING: *
1. Service.
On March 11, 2020, the Court issued a tentative ruling denying the petition on the ground that there was no adequate proof of service. Although the Court granted petitioner’s request for service by publication, no proof of publication had been provided. Petitioner had instead provided proof of service through the Notice and Acknowledgment of Receipt procedure. The only acknowledgement that was returned signed by anyone is one signed on January 15, 2020, by “Michelle Truong, Esq.” Ms. Truong is not a party and is not counsel of record in this case. Nor was she identified (at that point) as counsel in the underlying arbitration. Nor was there any proof of service of notice of the hearing date. Accordingly, the Court tentatively concluded that it lacked jurisdiction to grant the petition. Petitioner then took the matter off calendar in order to “clarify the record.”