Judge: Mark E. Windham, Case: 21STCP02727, Date: 2023-04-24 Tentative Ruling

Case Number: 21STCP02727    Hearing Date: April 24, 2023    Dept: 26

Lipham v. Jindal, et al.

PETITION TO VACATE ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Jeff Lipham’s Petition to Vacate Arbitration Award is CONTINUED TO JUNE 26, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

STATUS CONFERENCE RE ARBITRATION IS SET FOR JUNE 20, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On August 20, 2021, Petitioner Jeff Lipham dba Lipham Construction (“Petitioner”) filed the instant Petition to Vacate Arbitration Award against Respondent Nitin Jindal (“Respondent”). No proof of service of the Petition or Notice of Hearing has been filed with the Court.

Both parties appeared when the Petition initially came for hearing on April 11, 2022 and the matter was continued to April 21, 2022. (Minute Order, 04/11/22.) On April 13, 2022, Petitioner filed a notice of bankruptcy stay. At the hearing on April 21, 2022, the Court set an Order to Show Cause re Arbitration for October 20, 2022 and continued the hearing on the Petition to October 31, 2022. (Minute Order, 04/21/22.)

At the Order to Show Cause, Petitioner’s counsel appeared and conferred with the Court regarding the status of the case. (Minute Order, 10/20/22.) The Court ordered that future hearings were to stay on calendar. (Ibid.) At the hearing on the Petition on October 31, 2022, the Court noted that the bankruptcy stay was still in place and continued the hearing again. (Minute Order, 10/31/22.) The Petition again came for hearing on January 30, 2023, at which time the Court set a status conference regarding arbitration for March 27, 2023 and continued the hearing to April 24, 2023. (Minute Order, 01/30/23.) The status conference was then continued to April 24, 2023. (Minute Order, 03/27/23.)

No opposition to the Petition has been filed to date.

As the bankruptcy stay remains pending, Petitioner Jeff Lipham’s Petition to Vacate Arbitration Award is CONTINUED TO JUNE 26, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

STATUS CONFERENCE RE ARBITRATION IS SET FOR JUNE 20, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Court clerk to give notice.