Judge: Mark E. Windham, Case: 21STCP03902, Date: 2022-07-28 Tentative Ruling
Case Number: 21STCP03902 Hearing Date: July 28, 2022 Dept: 26
PETITION
TO CORRECT OR VACATE ARBITRATION AWARD
(CCP § 1285)
TENTATIVE RULING:
Petitioner Yoram Gazit dba Seal
Construction’s Petition to Correct or Vacate Arbitration Award is DISMISSED.
ANALYSIS:
On November 23, 2021, Petitioner Yoram Gazit (“Petitioner”)
filed the instant Petition to Correct or Vacate Arbitration Award against
Respondent Christopher St. Germaine (“Respondent”). The Petition came for
hearing on March 29, 2022 and was continued to allow Petitioner to file proof
of service of the Petition and Notice of Hearing. (Minute Order, 03/29/22.) To
date, no proof of service, nor opposition to the Petition, have been filed.
The Court previously noted that
the Petition is not accompanied by a proof of service demonstrating service of
the Petition and Notice of Hearing on Respondent. (Ibid.) A petition to vacate or correct an
arbitration award must be served and filed no later than 100 days after the
date of the service of a signed copy of the award. (Code Civ. Proc., § 1288.)
The subject arbitration award (“the Award”) was served on the parties by mail
on October 28, 2021. (Petition, Attachment 8(c), p. 3.) The deadline to serve
the instant Petition, therefore, was February 5, 2022. Petitioner must
demonstrate service of the Petition and Notice of Hearing on Respondent by that
date before the Court can grant the Petition. Additionally, service must have
complied with the requirements of Code of Civil Procedure section 1290.4.
Failure to demonstrate service pursuant to the statutory requirements is
grounds to deny the Petition.
Despite a continuance of the hearing to allow Petitioner to file a proof
of service demonstrating compliance with these statutory requirements, no such
proof of service has been filed.
Conclusion
Therefore, Petitioner Yoram Gazit
dba Seal Construction’s Petition to Correct or Vacate Arbitration Award is
DISMISSED.
Court clerk to give notice.