Gilberg
Gilberg v. Power Architects Corp. CA6
Opinion
Opinion
Lie, J.
I. BACKGROUND
A. Commencement and Consolidation of Arbitration In 2020, Gilberg commenced two actions against Power Architects, Mednik, and Kesel. In the first, Gilberg alleged that he was unlawfully terminated from Power Architects. In the second, Gilberg and Kolchinsky alleged claims for a declaration of shareholder rights, removal of directors, and injunctive relief. Gilberg withdrew his claims from the second action and Kolchinsky amended the complaint to assert only a claim for declaratory relief concerning his shareholder status. Power Architects, Mednik, and Kesel successfully moved to compel Gilberg to arbitrate his claims in the first action. Later, Mednik and Kesel successfully moved to compel Kolchinsky to arbitrate his claims in the second action. Three separate arbitration demands were submitted, one by Mednik and Kesel against Gilberg and Kolchinsky, one by Power Architects against Gilberg and Kolchinsky, and one by Gilberg against Power Architects, Mednik, and Kesel. The three demands generated a consolidated arbitration. After being compelled to arbitrate, Kolchinsky appeared in the arbitration as a respondent and additional counterclaimant. The…