Judge: Michael J. Strickroth, Case: 2021-01213511, Date: 2023-06-12 Tentative Ruling

Motion for an Order Vacating Stipulation and Order for Binding Arbitration Issued August 8, 2022

Plaintiff Computerlaw Group LLP’s Motion for an Order Vacating Stipulation and Order for Binding Arbitration or Compelling Defendants to Arbitrate is CONTINUED to 7/10/23 at 1:45 p.m.

On 8/8/22, the Court signed a stipulated order submitting this matter to judicial arbitration. Plaintiff seeks an order either (1) vacating the stipulation and order to arbitrate, or (2) requiring Defendants to retain counsel and proceed with arbitration. The stated grounds for the motion are that Defendants have failed to retain counsel and the proposed arbitrator at ADR Services has stated they will not accept matters with unrepresented parties.

The motion is brought pursuant to Code of Civil Procedure section 1008. While the motion was not filed within 10 days after entry of the order, it is well recognized the Court may sua sponte reconsider its prior orders. Kerns v. CSE Ins. Group (2003) 106 Cal.App.4th 368, 389. The Court declines to do so at this time.

A stipulation to arbitrate “is an agreement and subject to the ordinary rules employed to interpret contracts. [Citations] A court’s paramount consideration in construing the stipulation is the parties' objective intent when they entered into it. [Citations] Sy First Family Ltd. Partnership v. Cheung (1999) 70 Cal.App.4th 1334, 1341. A contract may be wholly void due to impossibility of performance. Civil Code § 1598. Generally, “Relief from a stipulation may be granted in the sound discretion of the trial court in cases where the facts stipulated have changed, there is fraud, mistake of fact, or other special circumstance rendering it unjust to enforce the stipulation.” Gonzales v. Pacific Greyhound Lines (1950) 34 Cal.2d 749, 755.

Here, Plaintiff’s counsel has shown they contacted one arbitrator’s office, which declined the matter due to the involvement of unrepresented parties. (Kolmogorov Decl. Exhibit A.) In the absence of additional attempts to identify an arbitrator who will accept the matter, Plaintiff has not adequately demonstrated impossibility or other circumstances sufficient to render the stipulation void.

Plaintiff shall file and serve a supplemental brief with a declaration of counsel, describing (1) Plaintiff’s further efforts to locate an arbitrator who will accept this matter, and (2) the status of Plaintiff counsel’s efforts to contact Defendants—and an update regarding Defendants’ attempts to retain counsel. Plaintiff’s supplemental brief shall also cite authority for the Court to grant the relief requested in the motion. The supplemental brief shall not exceed five pages—said brief to be filed 5 court days before 7/10/2023.

Plaintiff to give notice.