Legal Question in Civil Litigation in California
set aside individual judgment
If service of notice of a motion to
amend or correct an arbitrators
decision - so as to add someone
individually (as opposed to his
companies) - was not served on the
proper address - does that give rise to
a basis to set aside the judgment at
least as to him individually
1 Answer from Attorneys
Re: set aside individual judgment
If I understand you correctly, which I may not, you individually were not properly served with a notice of the arbitrator's decision, but your companies were. If you did not appear at the arbitration as an individual and made that clear to the arbitrator, then there was no jurisdicition over you and you could move to set aside the decision [you might be able to just write to the arbitrator if it was part of a normal civil suit in which the court or parties ordered or agreed to arbitration]. But if you appeared as an individual, you have waived the right to contest service. If you feel the overall results probably can not be overturned, or it is not worth the fees and expenses to try to do so, to avoid a judgment being entered on your credit record, it may be best to get an agreement wtih the other side that once the award is paid the complaint weil be dismissed with prejudice.