Aggreived1
New Member
- Jurisdiction
- California
Once again, I find myself at the mercy of kind folks, like yourselves. I hope that someone will be willing to assist me with this. I would, certainly, appreciate it.
I'm filing the form ADR-106 to correct, confirm or vacate a contractual arbitration award.
Question 3 asks "Pending or new action.
I have a case number in court due to an ex-parte motion filed by my former attorney, to stay the arbitration pending a ruling/hearing on the validity of the arbitration clause The stay wasn't granted and the arbitration concluded before the hearing date.came up. My former attorney did not attend that hearing, on the basis that the tentative ruling was issued and contesting the arbitrability was pointless at that point, due to the conclusion of the arbitration. I'm not so sure, seeing as how we had somewhat foreseen that possibility (given the pandemic), and there is ambiguity about the arbitration clause (from a different contract). I assume that since I have a case number, it is considered by the Court to be a "pending" action and I should include the case number, but do I enter the valuation data (it says to skip)?
II would like to ensure the preservation of my objection to the arbitrability of an issue that I don't think is covered by the clause (so it can be considered by the Court as it had been intended to be).
I think that the only time to act on it is now (to avoid waiver), if even possible. Not approaching it correctly and not addressing it at all, seem like bad ideas. A nudge in the right direction might really be helpful.
I understand that the best advice is to consult an attorney (and pay for help), and I did that, and here I am, begging for free help (and likely, looked down upon). It is not a good feeling for someone who values pride and always paid his way. I really appreciate you guys for what you do here. I'm sure that I am more likely to get answers here, if someone might be so kind..
Would I file a separate motion for that? Should I address it in the petition to vacate (in the interest of judicial efficiency?..
Thank you for your consideration!
I'm filing the form ADR-106 to correct, confirm or vacate a contractual arbitration award.
Question 3 asks "Pending or new action.
I have a case number in court due to an ex-parte motion filed by my former attorney, to stay the arbitration pending a ruling/hearing on the validity of the arbitration clause The stay wasn't granted and the arbitration concluded before the hearing date.came up. My former attorney did not attend that hearing, on the basis that the tentative ruling was issued and contesting the arbitrability was pointless at that point, due to the conclusion of the arbitration. I'm not so sure, seeing as how we had somewhat foreseen that possibility (given the pandemic), and there is ambiguity about the arbitration clause (from a different contract). I assume that since I have a case number, it is considered by the Court to be a "pending" action and I should include the case number, but do I enter the valuation data (it says to skip)?
II would like to ensure the preservation of my objection to the arbitrability of an issue that I don't think is covered by the clause (so it can be considered by the Court as it had been intended to be).
I think that the only time to act on it is now (to avoid waiver), if even possible. Not approaching it correctly and not addressing it at all, seem like bad ideas. A nudge in the right direction might really be helpful.
I understand that the best advice is to consult an attorney (and pay for help), and I did that, and here I am, begging for free help (and likely, looked down upon). It is not a good feeling for someone who values pride and always paid his way. I really appreciate you guys for what you do here. I'm sure that I am more likely to get answers here, if someone might be so kind..
Would I file a separate motion for that? Should I address it in the petition to vacate (in the interest of judicial efficiency?..
Thank you for your consideration!
