Sorokurs

INTRODUCTION

Taheri Law Group, A.P.C. (Taheri), appeals from a judgment granting the petition of Alexander Sorokurs and his medical corporation, Alexander Sorokurs, Inc. (collectively, Sorokurs), to confirm an arbitration award. Taheri contends that the trial court erred in confirming the arbitration award and in denying its petition to vacate the award. Since Sorokurs did not file a timely response to Taheri’s petition to vacate the award, Taheri argues that the court was required to grant the petition to vacate the arbitration award. We disagree and affirm.

STATEMENT OF FACTS

In 2004, Sorokurs retained Taheri to represent him in multiple lawsuits arising out of his purchase of a medical clinic. Taheri was successful in several cases and on two occasions, the opposing party was ordered to pay attorney fees to Sorokurs. In 2005, Sorokurs terminated the representation, at which time Taheri sought to recover $604,113.43 for legal services performed in accordance with their hourly retainer agreement. Sorokurs claimed that the hourly retainer agreement was not valid, as he had not been aware of what he was signing. Taheri successfully petitioned to compel arbitration of…

I respectfully dissent. I would reverse the judgment confirming the arbitration award with directions to grant Taheri Law Group, A.P.C.’s petition to vacate the award.

In an effort to uphold the perceived sanctity of arbitration awards, the majority opinion holds that irrespective of the failure of Alexander Sorokurs to file a timely response to Taheri’s petition to vacate the arbitration award, “the trial court had the authority and the obligation to determine whether the factual allegations of the petition to vacate established a legal basis to vacate an award under [Code of Civil Procedure] section 1286.2.” (Maj. opn., ante, pp. 964—965, italics added.) 1

In so holding, the majority opinion imposes a sua sponte duty on overburdened trial courts to scrutinize the merits of a petition to vacate an arbitration award, in the event that a party has failed to oppose a petition to vacate. By requiring the trial court to act as backup counsel for the errant opposing party, the majority’s approach runs counter to our adversarial system of litigation, which assigns respective roles to the moving party, the opposing party and the trial court. Here, the majority opinion reflects that the…

Taheri Law Group, A.P.C. (Taheri), appeals from a judgment granting the petition of Alexander Sorokurs and his medical corporation, Alexander Sorokurs, Inc., (collectively, Sorokurs) to confirm an arbitration award. Taheri contends that the trial court erred in confirming the arbitration award and in denying its petition to vacate the award. Since Sorokurs did not file a timely response to Taheri's petition to vacate the award, Taheri argues that the court was required to grant the petition to vacate the arbitration award. We disagree and affirm.

In 2004, Sorokurs retained Taheri to represent him in multiple lawsuits arising out of his purchase of a medical clinic. Taheri was successful in several cases and on two occasions, the opposing party was ordered to pay attorney fees to Sorokurs. In 2005, Sorokurs terminated the representation, at which time Taheri sought to recover $604,113.43 for legal services performed in accordance with their hourly retainer agreement. Sorokurs claimed that the hourly retainer agreement was not valid, as he had not been aware of what he was signing. Taheri successfully petitioned to compel arbitration of the fee dispute. Taheri sought…