COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address ): ADR-103 Index No. FOR COURT USE ONLY : Plaintiff(s) TELEPHONE NO.: Calendar No. : JUDICIAL SUBPOENA FAX NO. (Optional): -against- E–MAIL ADDRESS (Optional): : ATTORNEY FOR (Name): : SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: : MAILING ADDRESS: CITY AND ZIP CODE: Defendant(s) : BRANCH NAME: ...................................................... PETITIONER: RESPONDENT: PETITION TO CONFIRM CORRECT VACATE THE PEOPLE OF THE STATE OF NEW YORK ATTORNEY-CLIENT FEE ARBITRATION AWARD Jurisdiction (check all that apply): TO Action is a limited civil case does not exceed $10,000 Amount demanded exceeds $10,000, but does not exceed $25,000 Action is an unlimited civil case (exceeds $25,000) GREETINGS: CASE NUMBER: NOTICE: Please read Alternative Dispute Resolution form ADR-105, Information Regarding Rights After Attorney-Client WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Fee Arbitration, promptly and before completing this form. There are short deadlines for requesting court relief after an the Honorable at the Court attorney-client fee arbitration award. Do not use this form to reject a nonbinding attorney-client fee arbitration award and located at County of request a trial; use form ADR-104 instead. in room , on the day of 1. Petitioner and respondent. Petitionergive evidence or adjourned date, to testify and (name each): , 20 , at o'clock in the noon, and at any recessed as a witness in this action on the part of the alleges and requests relief against respondent (name each): Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to arbitration. This petition is being filed after an attorney-client fee arbitration conducted under Business 2. Attorney-client fee dispute comply. and Professions Code sections 6200–6206. Petitioner was theWitness,involved in the fee dispute. attorney Honorable a. the client involved in the fee dispute. b. Court in County, day of , one of the Justices of the , 20 3. Pending or new action. A court case is already pending, and this is a petition filed in that action. (If so, proceed to item 4.) a. b. This petition commences a new action. (If so, complete items 3b(1) through 3b(4).) (Attorney must sign above and type name below) (1) Petitioner's capacity. Each petitioner named in item 1 is an individual, except petitioner (state name and complete one or more of the following): (a) is a corporation qualified to do business in California. (b) is an unincorporated entity (specify): Attorney(s) for (c) is a representative (specify): (d) is (specify other capacity): (2) Respondent's capacity. Each respondent named in item 1 is an individual, except petitioner (state name and complete one or more of the following): Office and P.O. Address (a) is a business organization, form unknown. (b) is a corporation. (c) is an unincorporated entity (specify): (d) Telephone No.: is a representative (specify): (e) is (specify other capacity): Facsimile No.: Form Approved for Optional Use Judicial Council of California ADR-103 [Rev. January 1, 2004] E-Mail Address: PETITION TO CONFIRM, CORRECT, ORTel. No.: Mobile VACATE ATTORNEY-CLIENT FEE ARBITRATION AWARD (Alternative Dispute Resolution) Page 1 of 3 Business and Professions Code, § 6200 et seq.; Code of Civil Procedure, § 1285 et seq. American LegalNet, Inc. www.USCourtForms.com , COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : PETITIONER: : RESPONDENT: Index No. NUMBER: CASE Calendar No. : (3) Amount or property in dispute. This petition involves a dispute over (check and complete all that apply): JUDICIAL SUBPOENA Plaintiff(s) (a) the following amount of money (specify amount): $ -against(b) property (if the dispute involves property, complete:both of the following): (i) consisting of (identify property in dispute): (ii) having a value of (specify value of property in : dispute): $ 3. b. ..... (4) Venue. This court is the proper court because (complete (a) or (b)): : (a) this is the court in the county in which the arbitration was held. (b) the arbitration was not held exclusively in any county of California, and Defendant(s) : (i) . . . . . . . . . . . . . . . . . . . .this .is. the.court.in .the county .where . . . agreement was made. . . . . . . . . . . . . . . . . . . . the . (ii) this is the court in the county where the agreement is to be performed. (iii) the agreement does not specify a county where it is to be performed and was not made in any county in California, and the following party resides or has a place of business in this county (name of party): THE PEOPLE OF THE STATE OF NEW YORK (iv) TO the agreement does not specify a county where it is to be performed and was not made in any county in California, and no party to this action resides or has a place of business in California. 4. Arbitrator. The following person was duly selected or appointed as arbitrator (name of each arbitrator): 5. Arbitration hearing. The arbitration hearing was conducted as follows (complete both of the following): GREETINGS: a. Date (each date of arbitration): b. Location (city and state where arbitration was conducted):excuses being laid aside, you and each WE COMMAND YOU, that all business and of you attend before , the Honorable at the Court 6. Arbitration award. located at on (date): County of a. Date of award. The arbitration award was made , on the day of , 20 at o'clock b.in roomof award. The arbitration award (complete one or more of ,the following): Terms in the noon, and at any recessed or adjourned date, to testify and give evidence thea witness to pay the otheron thethis amount: $ as client in this action party part of the (1) requires the attorney (2) (3) c. requires neither the attorney nor the client to pay the other anything. provides (specify other terms or check item 6(c) and attach a copy of the award): Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Attachment of Award. A copy of the award is submitted as Attachment 6(c). 7. Notice of award. The notice of the arbitration award indicates that it was mailed to petitioner on (date): Witness, Honorable , one of the Justices of the Court in County, day of 20 8. Binding award. The arbitration award is binding because (check, all that apply): a. after the fee dispute arose, the parties agreed in writing that the arbitration award would be binding. b. more than 30 days have passed since notice of the award was mailed, and no party has filed a rejection of the award and request for trial. (Attorney must sign above and type name below) 9. Willful nonappearance. Thirty days have not passed since notice of the award was mailed; however, respondent willfully failed to appear at the arbitration hearing. The award does does not refer to respondent's nonappearance. Attorney(s) for 10. Petitioner requests that the court (check all that apply): a. Confirm the award and enter judgment according to it. b. Correct the award and enter judgment according to the corrected award, as follows: (1) The award should be corrected because (check all that apply): Office person, thing, or property was not described (a) the amount of the award was not calculated correctly, or a and P.O. Address correctly. (b) the arbitrator exceeded his or her authority. (c) the award is imperfect as a matter of form. Telephone No.: ADR-103 [Rev. January 1, 2004] Facsimile No.: E-Mail Address: PETITION TO CONFIRM, CORRECT, OR VACATE Mobile Tel. No.: ATTORNEY-CLIENT FEE ARBITRATION AWARD (Alternative Dispute Resolution) Page 2 of 3 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : PETITIONER: : RESPONDENT: 10. b. (2) Index No. NUMBER: CASE Calendar No. The facts supporting the grounds for correcting the award alleged in item 10b(1) are as follows (if additional space : JUDICIAL SUBPOENA Plaintiff(s) is required, check here and submit facts on an attachment labeled 10b(2)): -against- : : : (3) The award should be corrected as follows (if additional space is required, check here requested correction on an attachment labeled 10b(3)): and describe Defendant(s) : ...................................................... c. Vacate (cancel) the award. THE PEOPLE OF THE STATE OF because (check all that apply): (1) The award should be vacated NEW YORK the award was obtained by corruption, fraud, or other unfair means. an arbitrator was corrupt. the misconduct of a neutral arbitrator substantially prejudiced petitioner's rights. the arbitrator exceeded his or her authority, and the award cannot be fairly corrected. the arbitrator unfairly refused to postpone the hearing or to hear evidence useful to settle the dispute. an arbitrator failed to disclose within the time for disclosure a ground for disqualification of which the arbitrator was then aware. (g) an arbitrator should have business and excuses being laid aside, you and demand you so. WE COMMAND YOU, that all disqualified himself or herself after petitioner made a each of to doattend before (a) (b) (c) (d) (e) GREETINGS: (f) TO , the Honorable at award Court (2) The facts supporting the grounds for vacating the the alleged in item 10c(1) are as follows (if additional space is located at required, check here and submit facts on an attachment labeled 10c(2)): County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the (3) Petitioner does does not request a new arbitration hearing. d. Award petitioner interest from (date): subpoena is punishable as a contempt Your failure to comply with this (1) on whose behalf this subpoena was issued for a maximum penalty of at the statutory rate. the party (2) your failure rate of ____ % per year. at the to comply. result of e. Award petitioner costs of suit: (1) Witness, Honorable $ in the amount of: (2) Court in County, according to proof. of court and will make you liable to $50 and all damages sustained as a , one of the Justices of the day of , 20 f. Award petitioner attorney fees incurred in this action (attorney fees incurred in preparation for or in the course of the fee arbitration proceeding are not recoverable): (1) in the amount of: $ (Attorney must sign above and type name below) (2) according to proof. g. Award petitioner the following other relief (describe relief requested; if additional space is required, check here and describe relief on an attachment labeled 10g): Attorney(s) for 11. Pages and attachments. Number of pages attached: Office and P.O. Address Date: (TYPE OR PRINT NAME) ADR-103 [Rev. January 1, 2004] Telephone No.: Facsimile No.: (SIGNATURE OF PETITIONER OR ATTORNEY) E-Mail Address: PETITION TO CONFIRM, CORRECT, OR VACATE Mobile Tel. No.: ATTORNEY-CLIENT FEE ARBITRATION AWARD (Alternative Dispute Resolution) Page 3 of 3 American LegalNet, Inc. www.USCourtForms.com