Petition to vacate arbitration award
LINE CASE NO. CASE TITLE TENTATIVE RULING 9:00 24CV430182 Deborah Sharpe v. Brian Joseph Click on LINE 1 or scroll down for ruling. 1 Chesky et al.
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Line 1 Case Name: Deborah Sharpe v. Brian Joseph Chesky et al. Case No.: 24CV430182
This is a petition to vacate an arbitration award, filed by petitioner Deborah Sharpe against respondent Airbnb, Inc. (“Airbnb”). Airbnb argues that the petition is untimely under both the Federal Arbitration Act (“FAA”) and the California Arbitration Act (“CAA”), because Sharpe filed it on April 8, 2026, which was 138 days after the November 21, 2025 award was served on her (or 128 days after the December 1, 2025 corrected award was served). The statutory deadline under the FAA is “three months.” (9 U.S.C. § 12.) The deadline under the CAA is “100 days.” (Code Civ. Proc., § 1288.)
The court agrees with Airbnb that the petition is untimely under both the FAA and the CAA, and so it does not need to resolve the parties’ dispute as to which statute applies. In addition, the court does not need to address the parties’ remaining arguments on the merits. Nevertheless, the court will note that even though Sharpe asserts that the arbitrators exceeded their authority, improperly excluded evidence, were fundamentally unfair, and violated public policy, she fails to identify anything in the record to support these conclusory assertions. Instead, based on what she identifies in the record, her basic complaint appears to be that the arbitrators failed to apply the law correctly, but that is not a basis for vacating an arbitration award.
The petition is DENIED as untimely.
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