How to Prepare a Petition to Vacate or Alter Arbitration Award

Useful Rulings on Petition to Vacate or Alter Arbitration Award

Recent Rulings on Petition to Vacate or Alter Arbitration Award

RYAN HARPER ET AL VS MANHATTAN INN OPERATING COMPANY LLC

Plaintiffs’ Petition to Vacate Arbitration Award: DENIED On April 1, 2018, and April 6, 2018, the arbitrator conducted a hearing on Plaintiffs’ state law claims and found that they were barred by the statute of limitations. The arbitrator found that Plaintiffs had notice that their shares in MIOC were being diluted because of the IRS K-1 form they received every year.

  • Hearing

    Sep 28, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

STARR VS. MAYHEW

Petition to Confirm Arbitration Award Petition to Correct/Vacate Arbitration Award This matter is continued to 11/13/2020. Clerk to give notice.

  • Hearing

    Sep 25, 2020

POLARIS CENTRAL PARK, INC. VS BEL AIR INTERNET, LLC

Request to Vacate Arbitration Award C.C.P. §1285.2 provides that a response to a petition to confirm an arbitration award may do any of the following: (1) request the Court dismiss the petition; (2) request the Court confirm the award; (3) request the Court correct the award; or (4) request the Court vacate the award.

  • Hearing

    Sep 21, 2020

AAMH PHARMACEUTICAL INC VS. OPTUMRX INC

The hearing on Optum's accompanying motion to vacate arbitration award will be continued to a date mutually acceptable to the parties in light of the above ruling.

  • Hearing

    Sep 18, 2020

ROBERT LANSING, ET AL. VS CSL 13 ALYSON POURAT, ET AL.

PARTY: Respondents Alyson Pourat and Todd Silva, and Real Party in Interest, Magnolia Place Homeowners Association PETITION TO VACATE ARBITRATION AWARD (CCP § 1286.4) TENTATIVE RULING: Petitioners Robert Lansing and Complete Pool and Spa, Inc.’s Petition to Vacate Contractual Arbitration Award is PLACED OFF CALENDAR.

  • Hearing

    Sep 17, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

BROWNHOUSE CONSTRUCTION VS JOSEPH HAKIMPOUR

On October 3, 2019, Petitioner timely filed this action by a Petition to Vacate Arbitration Award. On January 7, 2020, Respondent filed the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no response has been filed. The hearing on the Petition to Vacate Arbitration Award initially came for hearing on February 13, 2020 and the continued hearing is also set for September 10, 2020.

  • Hearing

    Sep 10, 2020

  • County

    Los Angeles County, CA

COUNTY OF MONTEREY VS KAISER FOUNDATION HEALTH PLAN

Request for Judicial Notice Kaiser requests that the court take judicial notice of the (1) court’s ruling on the petition to confirm arbitration award and (2) the court’s ruling on the petition to vacate arbitration award in the Prime Healthcare Cases, Los Angeles Superior Court Case Number JCCP4580.[1] As the Court may take judicial notice of court records, (See Evid. Code, § 452(d)), Natividad’s request for judicial notice is granted.

  • Hearing

    Sep 10, 2020

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

Conclusion Petitioner Brownhouse Construction’s Petition to Vacate Arbitration Award is DENIED. Respondent to give notice.

  • Hearing

    Sep 10, 2020

  • County

    Los Angeles County, CA

LINDA MCKENZIE VS. MAKE A WISH FOUNDATION OF AMERICA

For general information regarding Judge DeNoce and his courtroom rules and procedures, please visit: http://www.denoce.com _____________________________________________ The court's tentative ruling is as follows: Plaintiff's Motion to Vacate Arbitration Award, CCP §1286.2. The Court intends to deny the Motion. Plaintiff has failed to establish grounds for vacating the award. CCP §1286(a). Plaintiff has not shown that the arbitration Award was procured by corruption, fraud, or undue means.

  • Hearing

    Sep 04, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

PERSONNEL STAFFING GROUP, LLC VS ZURICH AMERICAN INSURANCE COMPANY, A NEW YORK CORPORATION, ET AL.

[TENTATIVE] ORDER RE: MOTION TO STAY ACTION; PETITION TO VACATE ARBITRATION AWARD On March 25, 2020, a panel of arbitrators entered an interim final award requiring Petitioner Personnel Staffing Group, LLC (“Petitioner”) to post $8.6 million in pre-hearing security.

  • Hearing

    Sep 04, 2020

SUPERIOR COURT VS. CARNEY CONSTRUCTION CONSULTING

MOTION OF RESPONDENT TO VACATE ARBITRATION AWARD. I. Statement of Facts. This petition was filed on 7 May 2020.2 Petitioner Five Oaks Management, LLC (hereinafter “Petitioner”) will move the Court for an order confirming the arbitration award in favor of Petitioner and against Respondent Carney Construction Consulting, Inc. (“Respondent”) in the amount of $1,279,757.08, as well as interest at the statutory rate thereon commencing May 1, 2020; and costs 0f suit in the amount of $870.00.

  • Hearing

    Sep 03, 2020

SHERMAN OAKS COLLECTIVE CARE VS. TANZ FAMILY INVESTMENT

.: 7 Discover Motion C/O: N/A POS: OK Trial Date: N/A SUBJECT: (1) PETITION TO CONFIRM ARBITRATION AWARD (2) PETITION TO VACATE ARBITRATION AWARD MOVING PARTY: (1) Plaintiff Sherman Oaks Collective Care, Inc. (2) Defendant Tanz Family Investment Partnership RESP. PARTY: (1) Defendant Tanz Family Investment Partnership (i.e., petition to vacate) (2) Plaintiff Sherman Oaks Collective Care, Inc.

  • Hearing

    Aug 27, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

MATTOX VS. SHULMAN

HEARING ON PETITION TO VACATE ARBITRATION AWARD FILED BY JEFFREY S. SCHULMAN, et al. * TENTATIVE RULING: * See Line 18.

  • Hearing

    Aug 26, 2020

ROSEN & ASSOCIATES, P.C. VS RICHARD MERUELO

Petitioner also argues that: (1) it is entitled to interest based on the two continuances which lasted nearly four months in this matter; (2) Respondents failed to file a proper motion to vacate arbitration award. Petition to Vacate Arbitration Award On February 25, 2020, in the Lead Case, Petitioner filed a response to Respondents’ petition to vacate arbitration award that was filed in the Vacate Case.

  • Hearing

    Aug 20, 2020

BROADCAST MUSIC INC. VS CAFE MAFE INC.

Request to Vacate Arbitration Award In its Response papers, Respondent opposes confirmation of the Arbitration Award and instead argues it should be vacated. (8/12/20 Supp. Response, p. 2:18-19.) Specifically, Respondent argues Respondent never received a demand for arbitration, arbitration proceedings, or of the Arbitration Award until this action was filed and served. (Id.) A. Legal Standard “Under California law, the scope of judicial review of an arbitration award is very narrow. [Citation.]

  • Hearing

    Aug 20, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

BROADCAST MUSIC INC. VS CAFE MAFE INC.

Request to Vacate Arbitration Award In its Response papers, Respondent opposes confirmation of the Arbitration Award and instead argues it should be vacated. (8/12/20 Supp. Response, p. 2:18-19.) Specifically, Respondent argues Respondent never received a demand for arbitration, arbitration proceedings, or of the Arbitration Award until this action was filed and served. (Id.) A. Legal Standard “Under California law, the scope of judicial review of an arbitration award is very narrow. [Citation.]

  • Hearing

    Aug 19, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

STARR VS. MAYHEW

Petition to Confirm Arbitration Award Petition to Correct/Vacate Arbitration Award This matter is Continued to 9/25/2020. Clerk shall give notice.

  • Hearing

    Aug 14, 2020

DALLASWHITE CORPORATION VS 328 MAPLE LIMITED PARTNERSHIP

Defendant and Cross-Complainant 328 Maple Limited Partnership’s Motion to Vacate Arbitration Award is GRANTED. Cross-Complainant to provide notice. CONTENTS OF THE PETITION “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 Civ. Proc., § 1285.)

  • Hearing

    Aug 14, 2020

  • Type

    Contract

  • Sub Type

    Breach

TAMARA BERGES VS JAMES MANISCALCO, ET AL.

Respondents further argue that because 100 days after May 8, 2019 is August 16, 2020, the purported service of the petition to vacate arbitration award is untimely. Respondents retained Towle Denison & Maniscalco LLP (“TDM”) to represent them during the arbitration but have not retained TDM to represent them now. (JPM Decl. ¶6; SHM Decl. ¶5.) Respondents did not authorize anyone at TDM or TDM to accept service of process on their behalf. (JPM Decl. ¶¶ 6, 8; SHM Decl. ¶7.)

  • Hearing

    Aug 13, 2020

YESAI SANOYAN VS LUSINE GAMBARYAN

.: BC576938 [TENTATIVE] ORDER RE: PLAINTIFF’S PETITION TO VACATE ARBITRATION AWARD Dept. 27 1:30 p.m. August 12, 2020 On March 26, 2015, plaintiff and petitioner Yesai Sanoyan filed this action against defendant and respondent Lusine Gambaryan arising from a May 1, 2014 slip and fall. The parties agreed to arbitrate so that Defendant would refrain from filing bankruptcy. (Declaration of Shawna S. Nazari, ¶ 7.) The Court set the date arbitration was to be completed by for January 7, 2020. (Id., ¶ 8.)

  • Hearing

    Aug 12, 2020

ROBERT S. CROWDER VS FREEMAN FREEMAN & SMILEY LLP

According to Crowder’s initial Petition to Vacate Arbitration Award, Crowder withdrew as a partner from FFS in August of 2016 but allegedly received around one-quarter of the total annual compensation he had been due under the Partnership Agreement for each of his prior eight years of service. Crowder and FFS went to arbitration regarding their dispute over Crowder’s compensation before the Honorable Rosalyn Chapman (ret.)

  • Hearing

    Aug 05, 2020

MALOOF NAMAN BUILDERS VS JTS CONSTRUCTION, INC

F-47 Date: 7/29/20 Case #19CHCP00395 MOTION/PETITION TO VACATE ARBITRATION AWARD Petition filed on 10/11/19. MOVING PARTY: Petitioner Maloof Naman Builders RESPONDING PARTY: JTS Construction, Inc. RELIEF REQUESTED: An order vacating the arbitration award entered against Petitioner on 9/17/19. RULING: The hearing is placed off calendar.

  • Hearing

    Jul 29, 2020

SUSAN ABUSAMRA-PIXLER ET AL VS U-HAUL INTERNATIONAL INC ET A

In response, on December 11, 2019, Plaintiff Susan filed her opposing Petition to Vacate Arbitration Award. On December 31, 2019, Plaintiff Charles filed a Joinder in Petition to Vacate Arbitration Award. On January 6, 2020, the Court granted Defendant’s motion to confirm arbitration award and denied Plaintiff’s motion to vacate arbitration award.

  • Hearing

    Jul 20, 2020

MARCO ORTIZ VS RELATED ET AL

TENTATIVE RULING: Plaintiff Marco Ortiz’s petition to vacate arbitration award is DENIED. Defendants Related Management Company, L.P. and The Related Companies of California’s petition to confirm arbitration award is GRANTED. DISCUSSION: Petition To Vacate Arbitration Award Procedural Requirements “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.

  • Hearing

    Jul 15, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ROGUE APPAREL GROUP, INC. VS COULTER VENTURES, LLC D/B/A ROGUE FITNESS

[TENTATIVE] ORDER RE: MOTION TO VACATE ARBITRATION AWARD Background On January 2, 2020, Petitioner Rogue Apparel Group, Inc. (“Petitioner”) filed a petition to vacate a contractual arbitration award that was awarded to Respondent Coulter Ventures, LLC (“Respondent”) on September 23, 2019 (the “Award”). (Zhai Decl., ¶ 2, Ex. B.) Petitioner now moves the Court to vacate the Award pursuant to Code of Civil Procedure section 1286.2. Respondent opposes.

  • Hearing

    Jul 15, 2020

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