2017-00220257-CU-BC

Tim Kennady vs. David Stratton

Nature of Proceeding: Petition to Compel Arbitration and Stay Action

Filed By: Fathy, Richard G.

On December 29, 2017, this matter was continued to allow the parties to submit a list of proposed arbitrators pursuant to CCP 1281.6. The Court ruled that on this date, the court would chose five potential arbitrators from the parties’ lists or from a list obtained from a governmental agency concerned with arbitration or private disinterested association concerned with arbitration. The parties may thereafter agree on one of the arbitrators chosen by the court. If they fail to agree on one of the names within five days of the date of this hearing, they may appear on the court’s ex parte calendar and the Court shall appoint the arbitrator from the court’s nominees. See CCP 1281.6.

On December 29, 2017, the Court granted the petition to compel arbitration. The arbitration agreement provided that the arbitration is to occur in Sacramento County.

This matter/hearing concerns the appointment of an arbitrator.

Plaintiff has provided the following list of potential arbitrators. Defendant contends that all of these arbitrators are located in the Bay Area, but it bears noting that the JAMS Sacramento website lists all of the plaintiff’s proposed arbitrators: Hon. John A. Flaherty, (Ret.), Hon. Read Amber (Ret.), Hon. Randall J. Newsome, (Ret.), Hon. John F. Herlihy, (Ret.), and Hon. William J. Cahill, (Ret.)

Defendant has provided the following list of potential arbitrators from Sacramento : Hon. Fred K. Morrison, (Ret.), Hon. Michael G. Virga, (Ret.), Gary Hursh, John. M. Lemmon, and Gene E. Pendergast, Jr.

The Court chooses the following arbitrators from the parties’ list and the court’s own list:

1. Hon. Cecily Bond (Ret.)

2. Hon. Fred K. Morrison (Ret.)
3. Hon. John A. Flaherty (Ret.)
4. Hon. Michael G. Virga (Ret.)
5. Hon. Read Amber (Ret.)

If the parties cannot reach an agreement by January 31, 2018, either party may make an appointment on the court’s ex parte calendar and the court will chose an arbitrator.