Motion by Partition Referee for Discharge
attached to the petition. (Pet., Attach. 8(c).) The petition states in part, "[the SLO Action] and this Santa Barbara case were adjudicated together in the underlying arbitration proceeding. Therefore, the award reflects an award of $100,000.00 in the Santa Barbara case and an award of $100,000.00 in the San Louis Obispo case. $100,000.00 should be ordered in this [Santa Barbara] case." (Pet., P. 10(b)(3).)
The arbitrator's decision attached to the petition states in part, "[t]he Arbitrator finds that the Liquidated Damages provisions in each of the APAs limit BUYER's damages to the total sum of $200,000. Buyer is not entitled to any further damages, whether legal or equitable." (Pet., Attach. 8(c) at p. 3.) The arbitrator's award states in part, "Respondent SELLERS, upon the concession of liability, are to pay the total sum of $200,000.00 to BUYER as the sole damages for the breach of the APAs." (Id. at p. 4.)
On October 13, 2025, Gill filed an opposition to the petition to confirm arbitration award, arguing that Defendants filed petitions to confirm the arbitration award in both Santa Barbara County and San Luis Obispo County, and that there is a pending motion to vacate the arbitration award in the SLO Action. Gill argued that the court in the SLO Action had exclusive jurisdiction to rule on the petition to vacate filed by Gill in the SLO Action and that this action should be stayed pending the outcome of Gill's petition to vacate in the SLO Action. (See Precision Automotive v. Northern Ins. Co. of New York (1967) 252 Cal.App.2d 1036, 1038; Code Civ. Proc., Sec. 1292.4.)
The hearing on the present petition was initially scheduled to take place on January 9, 2026. On December 31, 2025, the court entered an order pursuant to a stipulation to continue the hearing on Defendants' petition. The parties represented that the hearing on the petition to vacate in the SLO Action was scheduled to be heard on January 28, 2026.
On January 26, 2026, the court entered an order pursuant to a second stipulation to continue the hearing on Defendants' petition. Based on a family emergency of counsel, the petition was continued to March 13, 2026.
On February 18, 2026, the court entered an order pursuant to a third stipulation to continue the hearing on Defendants' petition. The parties represented that a petition to confirm arbitration award and a petition to vacate arbitration award was set to be heard in the SLO Action on May 13, 2026. Based on these circumstances, the court continued Defendants' petition to this hearing of May 29, 2026.
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On May 21, 2026, Defendants filed a reply in support of their petition in this action and a request for judicial notice attaching a ruling in the SLO Action. The ruling denied Gill's petition to vacate in the SLO Action and granted Defendants' petition to confirm arbitration award in the SLO Action. The court in the SLO Action ordered that "[t]he SLO Defendants are to prepare a judgment accordingly as to the SLO Defendants only." (RJN, Ex. A at p. 6.)
The court will require additional information before ruling on Defendants' petition in this action, including a copy of the judgment that is entered by the court in the SLO Action.
Tentative Ruling: Peter Leroy Miller vs Samuel Gabriel Long, III et al Tentative Ruling: Peter Leroy Miller vs Samuel Gabriel Long, III et al Case Number
Case Type Civil Law & Motion Hearing Date / Time Fri, 06/26/2026 - 10:00 Nature of Proceedings Motion by Partition Referee for Discharge Tentative Ruling On the Court's own motion, the Motion on calendar for Friday, June 26, 2026, at 10 am in Dept. 4 is continued to Friday, July 31, 2026, at 10 am in Dept.
4.
Tentative Ruling: Antonia Ramirez vs ISL Employees Inc et al