Judge: John J. Kralik, Case: 24NNCP00802, Date: 2025-01-31 Tentative Ruling


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Case Number: 24NNCP00802    Hearing Date: January 31, 2025    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

HEBE BARRERA,

 

                        Plaintiff,

            v.

 

KAISER FOUNDATION HEALTH PLAN, INC., KAISER FOUNDATION HOSPITALS, INC., SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, INC., DR. TIMOTHY LEIFER, O.D., DR. PAUL WILLIS, M.D., and DOES 1-200,

 

                        Defendants.

 

  Case No.:  24NNCP00802

 

  Hearing Date:  January 31, 2025

 

 [TENTATIVE] order RE:

MOTION TO VACATE OR ALTER ARBITRATION AWARD (CCP 1285-1287.6)

 

            On December 16, 2024, Petitioner filed this petition to vacate the arbitration award.  No proof of service has been filed and no opposition has been filed.Petitioner does not provide proof of service of the petition on the respondents in violation of Code Civ. Proc., § 1286.4.

Further, Petitioner does not attach the arbitration agreement nor the arbitration award, in violation of Code Civ. Proc., § 1285.4.

“‘Every reasonable intendment is indulged to give effect to arbitration proceedings; the burden is on the party attacking the award to affirmatively establish the existence of error by a proper record.’ [Citation.]” (Rivera v. Shivers (2020) 54 Cal.App.5th 82, 94.)

Here, the Court finds that Petitioner has not met its burden of affirmatively establishing the existence of an error in the award through the unopposed facts in the verified Petition.

CONCLUSION AND ORDER

Petitioner’s motion to vacate the arbitration award is denied.

Petitioner shall provide notice of this order.

 

                                                    

DATED: January 31, 2025                                         ___________________________

                                                                              John J. Kralik

                                                                              Judge of the Superior Court