Judge: Olivia Rosales, Case: 20NWCV00035, Date: 2022-12-15 Tentative Ruling

Case Number: 20NWCV00035    Hearing Date: December 15, 2022    Dept: SEC

HOME DESIGNERS & CONTRACTORS, INC. v. BUONO

CASE NO.:  20NWCV00035

HEARING:  12/15/22

#5

TENTATIVE ORDER

Defendants/Petitioners DAVID BUONO and AUDREY L. BUONO’s Petition to Confirm Arbitration Award is GRANTED.

Moving Party to give notice.

The petition has: (i) set forth the substance of the agreement to arbitrate; (ii) set forth the name of the arbitrator; (iii) attached a copy of the award and the written opinion of the arbitrator; and (iv) is brought within four years after date of service of copy of award on petitioner. (See CCP §1285.) The Petitioner meets all the requirements of the statue.

In Opposition, Plaintiffs argue that the Petition should be denied because the Arbitrator exceeded his power by requiring that Plaintiff Home Designers and Contractors, Inc. (“HDCI”) retain an attorney and then refusing to postpone the arbitration hearing to give HDCI sufficient time to comply with this requirement.

The Petition is GRANTED. The Court does not find that the Arbitrator exceeded his power in violation of CCP §1286.4(a)(4).

The Arbitrator summarizes the procedural history of this case and remarks that “from shortly after the lawsuit was filed, HDCI seems to have endeavored to obstruct the process of litigation at every turn….” (Award 6:24-28.) Moreover, neither Ayal Bendayan nor HDCI appeared on September 12, 2022—Mr. Bendayan made no attempt to represent himself or the corporation. In fact, Mr. Bendayan appears to have refused to appear without being represented by counsel.  

The record reflects that the Arbitrator proceeded with the arbitration on September 12, 2022 only after HDCI requested and was afforded numerous continuances.