2014-00156977-CU-PA

David Kevin Taylor vs. Tridib K. Guha

Nature of Proceeding:     Petition to Confirm Arbitration Award

Filed By:   Glassman, Eric J.

Petition to Confirm Arbitration Award is unopposed but is denied without prejudice for
lack of proof of service of the Petition/Amended Petition in compliance with CCP
1290.4.  If Respondent has not been properly served, Petitioner has not obtained
jurisdictional service pursuant to
CCP 1290.4.   The Court could not locate any proof of service of the petition.

CCP § 1290.4 provides as follows:

“Service of petition and notice

(a) A copy of the petition and a written notice of the time and place of the hearing
thereof and any other papers upon which the petition is based shall be served in the
manner provided in the arbitration agreement for the service of such petition and
notice.

(b) If the arbitration agreement does not provide the manner in which such service
shall be made and the person upon whom service is to be made has not previously
appeared in the proceeding and has not previously been served in accordance with
this subdivision:

(1) Service within this State shall be made in the manner provided by law for the
service of summons in an action.

(2) Service outside this State shall be made by mailing the copy of the petition and
notice and other papers by registered or certified mail. Personal service is the
equivalent of such service by mail. Proof of service by mail shall be made by affidavit
showing such mailing together with the return receipt of the United States Post Office
bearing the signature of the person on whom service was made. Notwithstanding any
other provision of this title, if service is made in the manner provided in this paragraph,             the petition may not be heard until at least 30 days after the date of such service.

(c) If the arbitration agreement does not provide the manner in which such service
shall be made and the person on whom service is to be made has previously appeared
in the proceeding or has previously been served in accordance with subdivision (b) of
this section, service shall be made in the manner provided in Chapter 5 (commencing
with Section 1010) of Title 14 of Part 2 of this code.”

Exhibit A to the Amended Petition does not contain any alternative manner of service.

The prevailing party shall prepare a formal order for the Court’s signature pursuant to
C.R.C. 3.1312.