Turnermedia v. Infinity Bail Network
This is an appeal from an order granting a defense motion to vacate an arbitration award and denying a plaintiff's cross petition to confirm that award. (Code Civ. Proc., 1286 et seq.; all further statutory references are to the Code of Civil Procedure unless otherwise noted.) In July 2002, plaintiff and appellant Turnermedia, LLC (plaintiff), brought a breach of contract action against defendants and respondents Craig McCarthy and Lisa McCarthy, both individually and doing business as Infinity Bail Network, LLC (defendants). A cross-complaint was filed and counsel entered into a stipulation to submit the matter to binding arbitration, and the case was taken off the civil trial calendar in July 2003. ( 1281.2.) Unsuccessful settlement negotiations were conducted by counsel through April 2004. When no settlement resulted, the selected arbitrator set a hearing for November 2004. Defendants did not attend individually or through their counsel, as at some point counsel had stopped representing them. The arbitrator issued a letter arbitration award in December 2004 (the first award).
The judgment granting the motion to vacate the arbitration award and denying appellant's petition to confirm the arbitration award is reversed, and the trial court is directed to enter a different order granting the petition to confirm the second award, in accordance with the views set forth in this opinion. Appellant recover its costs on appeal.
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