Judge: Mark E. Windham, Case: 22STCP01505, Date: 2022-08-30 Tentative Ruling

Case Number: 22STCP01505    Hearing Date: August 30, 2022    Dept: 26

TENTATIVE RULING:

Petitioners Zshonette Reed, Esq. and Law Offices of Lorden & Reed’s Petition to Vacate Arbitration Award is CONTINUED TO NOVEMBER 1, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY OCTOBER 18, 2022, PETITIONERS ARE TO FILE AND SERVE ANY REPLY IN SUPPORT OF THE PETITION TO VACATE.

SERVICE:

[X] Proof of Service Timely Filed (CRC 3.1300) NO

[X] Correct Address (CCP 1013, 1013a) NO

[X] 16/21 Day Lapse (CCP 12c and 1005(b)) NO

SUMMARY OF COMPLAINT: Petition to vacate arbitration award.

REQUEST FOR RELIEF: Vacate the arbitration award because (1) the award was obtained by corruption, fraud or other unfair means; (2) the arbitrator exceeded his or her authority, and the award cannot be fairly corrected; and (3) the arbitrator unfairly refused to postpone the hearing or to hear evidence useful to settle the dispute.

OPPOSITION: The Court should deny the Petition to Vacate the Arbitration Award and enter a modified award. In the alternative, the Court should grant Respondents’ Petition to Confirm the Arbitration Award. Petitioner cannot show any justifiable ground to vacate the award.

SUPPLEMENTAL PETITION: In June 2022, after the instant Petition was filed, Petitioners were contacted by the United States Attorney’s Office in Houston, Texas. Petitioners were informed that the United States government has a judgment against Respondent Alexander Gudis in excess of $8 million and advised Petitioners not to pay Respondent without further direction from the United States Attorney’s Office. A garnishment order from the United States Attorney’s Office requires Petitioners to hold any funds that may become due to Respondent Gudis and forward the same to the United States Attorney’s Office.

ANALYSIS:

On April 26, 2022, Petitioners Zshonette Reed, Esq. and Law Offices of Lorden & Reed (“Petitioners”) filed the instant Petition to Vacate Arbitration Award against Respondents Erina Gilerman (“Respondent Gilerman”) and Alexander Gudis (“Respondent Gudis”). No proof of service of the Petition or Notice of Hearing has been filed with the Court, however, Respondents filed an opposition on June 1, 2022, thereby waiving any defect in service or notice. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) Respondents then filed an Amended Petition to Confirm Arbitration Award and Opposition to Vacate the Award (“Amended Petition”) on August 15, 2022. The Amended Petition withdraws Respondents’ original opposition filed on June 1, 2022.

However, Respondents’ Amended Petition is not accompanied by a proof of service showing service on Petitioners. (Oppo., filed 08/15/22.) Given that no reply has been filed by Petitioners, out of an abundance of caution, the Court continues the hearing on the Petition to Vacate to give Petitioners an opportunity to respond to the Amended Petition.

Conclusion

Petitioners Zshonette Reed, Esq. and Law Offices of Lorden & Reed’s Petition to Vacate Arbitration Award is CONTINUED TO NOVEMBER 1, 2022 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY OCTOBER 18, 2022, PETITIONERS ARE TO FILE AND SERVE ANY REPLY IN SUPPORT OF THE PETITION TO VACATE.

Court clerk to give notice.