Supreme Court of the United States · Official docket →
Levi Quintana v. Jonathan Kraut
Paid petition · Court of Appeal of California, Second Appellate District, No. B320522 · judgment December 18, 2023
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
- Oct 07 2024Petition DENIED.
- Aug 14 2024DISTRIBUTED for Conference of 9/30/2024.
- Aug 13 2024Waiver of right of respondent Jonathan Kraut to respond filed.
- Jun 24 2024Petition for a writ of certiorari filed. (Response due September 9, 2024)