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Levi Quintana v. Jonathan Kraut

Paid petition · Court of Appeal of California, Second Appellate District, No. B320522 · judgment December 18, 2023


Certiorari denied · October 7, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Petitioner was a partner in a general partnership wherein he sought a buyout of his partnership interest and damages related for wrongful disassociation. The dispute over partnership dissolution became the subject of an arbitration proceeding from which the proceeding went horribly wrong. The proceeding was marked with'irregularities from the outset, when the arbitrator, instead of simply utilizing applicable federal tax statutes on partnership dissolution in order to determine the basis of partnership assets and partnership liabilities according to applicable Internal Revenue Service codes and regulations, instead, created a private loan agreement and mischaracterized partner draws as loans made to the Petitioner by the Respondent, which placed personal liability for such draws on the Petitioner only. Despite Petitioner’s objections and arguments against this and other errors, the arbitrator ruled in favor of Respondent. Petitioner sought relief from the award in the trial court, alerting the court to the arbitrator’s failures to follow applicable tax and related statutes for determining partner shares, debts and capital accounts and therefore exceeding her authority given as an arbitrator. The court denied Petitioner’s motion to set aside the award, ignored Petitioner’s records and affidavits that undermined the arbitrator’s award. The Second District Court of Appeal for the State of California refused to reverse the trial court’s ruling by denying Petitioner’s appeal. Petitioner proceeded with a

Counsel of record

For petitioner
Levi Quintana

For respondent
Richard Hiroshi Nakamura Jr.
Clark Hill LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Aug 14 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Aug 13 2024
    Waiver of right of respondent Jonathan Kraut to respond filed.
  4. Jun 24 2024
    Petition for a writ of certiorari filed. (Response due September 9, 2024)