Judge: H. Jay Ford, III, Case: 25SMCP00071, Date: 2025-05-22 Tentative Ruling
Case Number: 25SMCP00071 Hearing Date: May 22, 2025 Dept: O
Case
Name: Gursey Schneider LLP v. Moradi
|
Case No.: |
25SMCP00071 |
Complaint Filed: |
2-3-25 |
|
Hearing Date: |
5-22-25 |
Discovery C/O: |
N/A |
|
Calendar No.: |
13 |
Discovery Motion C/O: |
N/A |
|
POS: |
OK |
Trial Date: |
None |
SUBJECT: PETITION TO CONFIRM ARBITRATION
AWARD
MOVING
PARTY: Petitioner Gursey Schneider
LLP
RESP.
PARTY: None. No appearance or
responsive pleading to the Petition
TENTATIVE
RULING
Petitioner Gursey
Schneider LLP’s Petition to Confirm Arbitration Award is DENIED / CONTINUED
TO _____________________________ without prejudice.
The Respondent has not appeared in this action. The arbitration
agreement provides “any petition to confirm an arbitration award may be served
by mail at the last known address and that no personal service will be
required.” There is no proof of service showing the petition “was duly
served” on the Respondent. The proof of service filed 03/04/2025 shows service
by mail on the purported attorney for Respondent. However, no Notice and Acknowledgement of Receipt
(POS-015) showing service has been accepted by counsel for the Respondent. Proper
service of process of the petition is the means by which a court obtains
personal jurisdiction over a party who has not appeared in the action. ((CCP
§1290.4; Abers v. Rohrs (2013) 217 Cal.App.4th 1199, 1205.) The Court cannot grant the petition without proof
of proper service of the Petition under the agreement or under CCP §1290.4.
Petitioner is to give notice.