United States v. Sf Green Clean, LLC

MEMORANDUM

SF Green Clean appeals the district court’s decisions confirming an arbitration award; dismissing SF Green Clean’s counterclaims; granting a writ of possession to the Presidio Trust; and denying SF Green Clean’s motion to quash this writ. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s decisions de novo. See Bosack v. Soward, 586 F.3d 1096, 1102 (9th Cir. 2009).

1. SF Green Clean first claims that the district court erred in confirming an arbitration award rendered against it by an arbitrator acting under the auspices of the American Arbitration Association. The arbitrator, among other decisions, awarded the Trust possession over the disputed premises and required SF Green Clean to pay the Trust’s attorneys’ fees incurred in the arbitration. SF Green Clean argues, among other contentions, that it did not have the opportunity to participate in the selection of the arbitrator as required by the Administrative Dispute Resolution Act, 5 U.S.C. § 577 . However, SF Green Clean had an opportunity to participate in the selection of the arbitrator by choosing to sign a lease that set out the way in which the arbitrator would be…