Ahdout

Ahdout v. Hekmatjah

Bad Law
152 Cal. Rptr. 3d 199·2013 Cal. App. LEXIS 52·213 Cal. App. 4th 21·2013 WL 286265
Court of Appeal of CaliforniaJanuary 25, 2013No. B236764California7,152 words

Opinion

Lead Opinion

Willhite, J.

*24 Opinion

INTRODUCTION

Appellant Mouris Ahdout appeals from a judgment entered following the superior court’s denial of his petition to vacate an arbitration award and its grant of a petition to confirm the award filed by respondents Majid Hekmatjah, also known as Michael Braum (Braum), Hekmatjah Family Limited Partnership (Hekmatjah), and Braum Investment & Development, Inc. (BIDI). Ahdout and respondent Hekmatjah were the sole members of 9315 Alcott, LLC (the Company), a limited liability company they formed for the purpose of developing a condominium project, with respondent Braum designated as manager of the Company.

Disputes between the parties were submitted to binding arbitration. Ahdout argued that BIDI, the general contractor owned by Braum that was hired to construct the project, was not licensed and thus was required to disgorge all compensation for its contracting services pursuant to Business and Professions Code section 7031, subdivision (b). 1 The arbitrators’ denial of Ahdout’s claims based on section 7031 underlies Ahdout’s petition to vacate the award.

The trial court concluded that the arbitrators’ decision was not reviewable, and thus denied the petition…

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