joseywales Posted September 20, 2013 Report Share Posted September 20, 2013 I just received an Order to Show Cause (OSC) for Sanctions/Dismissal for Failure to File Judgement. Can someone please explain this as I won my case last month and now just received this notice in the mail. TY, JW Link to comment Share on other sites More sharing options...
racecar Posted September 20, 2013 Report Share Posted September 20, 2013 You won your case and judgment was awarded to you but the paperwork has not been submitted to the court. An arbitration award made by an arbitrator along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitration. Such award shall be entered as the judgment of the court after the time has expired for requesting a trial de novo. The judgment so entered shall be subject to the same provisions of law and shall have the same force and effect as a judgment of the court in a civil action, except that the judgment shall not be subject to review in any other court by appeal or otherwise. Link to comment Share on other sites More sharing options...
joseywales Posted September 20, 2013 Author Report Share Posted September 20, 2013 Thanks Racecar, I called the clerk and she said that I need to submitt a formal/proper order for the judge to sign to make this complete. I originally just mailed the clerk the Minute Order I received via mail from the judge that indicated she ruled in favor of defendant. I received a reply via mail that it was rejected as improper. Is there a form for this or does it go on pleading for the judge to sign to make it offical? TY, JW Link to comment Share on other sites More sharing options...
joseywales Posted September 20, 2013 Author Report Share Posted September 20, 2013 Does anyone know if the form is the CIV-130? Can't seem to find a form that the judge would sign off on to make it official. Link to comment Share on other sites More sharing options...
racecar Posted September 21, 2013 Report Share Posted September 21, 2013 This will make it official.ADR-106you have to serve the respondent when you file it. This will be a new filing, so you have to file all the other 1st appearance forms, including Summons, Civil Case Cover Sheet (CM-010 - see Judicial Review) and addendum (linked below), ADR information, plus the filing fee. Your arbitration agreement probably provides that you can have the award confirmed "in any court of competent jurisdiction" so any court is ok, subject to the venue requirements on the Addendum. Addendum ADR-106 PETITION TO CONFIRM, CORRECT ... - California Courts Link to comment Share on other sites More sharing options...
joseywales Posted September 21, 2013 Author Report Share Posted September 21, 2013 This didn't go through ADR, the judge heard the case and ruled. I went to the courthouse yesterday and they had me use form JUD-100 for the Judge to sign and I will be mailed a copy. Link to comment Share on other sites More sharing options...
racecar Posted September 23, 2013 Report Share Posted September 23, 2013 Nice work Josey glad you won. Link to comment Share on other sites More sharing options...
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