Roussos v. Roussos CA2/2
Theodosios (Ted) Roussos appeals from a judgment confirming two arbitration awards. In the first award (the partition award), the arbitrator granted Harry and Christine Roussos’s request for partition by sale of six properties owned by two limited partnerships and a corporation, which in turn were owned by Ted and Harry as cotrustees of two trusts. Ted contends the arbitrator exceeded his powers because the properties were the assets of the trusts, and the trusts were expressly excluded from the arbitration agreement; Christine lacked standing to seek partition based on her status as a beneficiary of the trusts; Harry and Christine failed to join indispensable parties to the partition action; and the arbitrator erred in ordering partition because the provisions in the applicable partnership agreements prohibited the partners from seeking partition. However, Ted’s petition to vacate the awards was untimely and deficient. Accordingly, we affirm.
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