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Contracts
Breach of Contract
Petition to Confirm Arbitration Award

Peter L. Kaufman; Panish, Shea & Boyle LLP v. Prospect Funding

Published: Dec. 29, 2017 | Result Date: Nov. 15, 2017 | Filing Date: May 1, 2017 |

Case number: BS169525 Arbitration –  Defense

Judge

Daniel S. Murphy

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Douglas A. Linde
(The Linde Law Firm)


Defendant

Patrick R. Mahoney
(Law Offices of Patrick R. Mahoney PC)


Facts

Peter Kaufman and others sued Prospect Funding. An arbitrator found that Kaufman breached its contract with Prospect and awarded damages.

Contentions

PLAINTIFF'S CONTENTIONS: Kaufman petitioned to vacate the arbitration award arguing that the arbitrator erred in finding a contractual relationship between Kaufman and Prospect. Kaufman further argued that he did not agree to arbitrate and that evidence did not support the damages awarded to Prospect.

DEFENDANTS’ CONTENTIONS: Prospect petitioned to affirm the arbitration award.

Result

Prospect’s petition to affirm the arbitration award was granted. The court found that Kaufman failed to state a ground for relief because relevant case law prevented the court from reviewing the arbitrator’s reasoning and from reviewing the evidence that supported the award. The court also found that Kaufman expressly agreed to arbitrate disputes with Prospect.


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