Notice Of Hearing On Petition To Confirm Attorney-Client Fee Arbitration Award
Matter on calendar for Thursday, July 16, 2026, Line 1, PETITIONER FARELLA BRAUN AND MARTEL LLP's Hearing On Petition To Confirm Attorney-Client Fee Arbitration Award.
The petition to confirm arbitration award is granted. Petitioner Farella Braun + Martel LLP shows service on both respondents, Aaron Braun and Joan DeHovitz. DeHovitz has not appeared.
Braun opposes confirmation of the award but does not present any valid statutory basis for vacatur. The grounds for vacatur are laid out in Code of Civil Procedure, 1286.2, but Braun does not invoke any of these grounds. Braun argues that he did not participate in the arbitration and therefore was not a party to it, but he does not show he was never served or never had the opportunity to participate. Rather, he elected not to participate. (Award, Att. 8(c) to Petn., at p. 1 ["Aaron Braun did not appear having previously advised that he had no intention of participating in the arbitration"]; Braun Renewed Request to Vacate, p. 6 ["If FBM had agreed to remove the two Respondents PRIOR to commencing the JAMS Arbitration, the Respondent may have considered participating."].) Thus, Braun was a party to the arbitration who did not appear. The award may properly be confirmed against him.
Farella contends that Braun's request for vacatur of the award is untimely. Braun argues he was not served. Because the court concludes that Braun has not shown grounds for vacatur, it does not reach this issue.
Farella shall submit a proposed judgment confirming the award. Any party who objects to the form of the proposed judgment may submit objections to the court within 10 days of service of the proposed judgment. (See Rule of Court 3.1590, subd. (j).) Paper courtesy copies should be dropped off in the Department 301 dropbox.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/CVA). | |