| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Motion To Vacate Arbitration Award; Declaration; Plea For Extension
Set for Law and Motion/Discovery Calendar on Thursday January 15, 2026, Line 7.
1 - Plaintiff's motion to vacate the arbitration award is DENIED.
On 9/12/25, the arbitrator dismissed plaintiff's claims with prejudice. (Seligson Declaration in Support of Motion to Lift Stay, Ex. A.)
The grounds to vacate an arbitration award are extremely narrow. (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 13 ["the general rule [is] that an arbitrator's decision is not ordinarily reviewable for error by either the trial or appellate courts"]; Zazueta v. County of San Benito (1995) 38 Cal.App.4th 106, 110 ["Judicial review of arbitration awards is limited"].) "Every reasonable intendment is indulged to give effect to arbitration proceedings; the burden is on the party attacking the award to affirmatively establish the existence of error by a proper record." (Lopes v. Millsap (1992) 6 Cal.App.4th 1679, 1685.)
A party must establish grounds for relief under one of the enumerated grounds for vacatur in Code of Civil Procedure section 1286.2. In this case, most of Plaintiff's arguments in support of vacating the award are untethered to Code of Civil Procedure section 1286.2. Those that obliquely implicate grounds for relief are not sufficiently supported. Therefore, under Moncharsh and its progeny, there is no basis to vacate the award.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) 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 contestdept302tr@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.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
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 contestdept302tr@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 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. =(302/JMQ/late TR)) | |