December 27, 2001 Dear Mr. Davis, I came to the United States in 1976 from former Soviet Union and when my family arrived to Rome, Italy we were processed as immigrants. We were told at the United States Embassy that in the United States you cannot lie, cheat, and you have to obey the laws, and that the country is governed by the rule of law.
I moved to San Diego from New York in 1988, invested all my savings into a business which was profitable and in 1999 I decided to sell my business and my home and move to Los Angeles. I went into a contract to purchase a business, which failed due to seller's negligence to close escrow on time.
I lost a considerable amount of money because of the negligence of the seller. Our contract called for binding arbitration by using California law. We went to arbitration at JAMS and presented our case on April 29, 2001.
The presiding judge was Honorable Judge Nuss who listened to the case and was going to render his verdict in 30 days. However, the verdict was rendered six days later (June5, 2001) without any explanation regarding the delay and also missing the date of the verdict and signature.
To our surprise and shock the Honorable Judge Nuss awarded the award to the defendants by disregarding the facts and exhibits, altering the contract, ignoring the witness' testimony and even accusing me of favoritism.
My attorney complained to the Administrative Management of JAMS and the response from JAMS was to appeal to Superior Court. My attorney resigned because she couldn't emotionally continue the case. I hired another attorney who presented the case to Superior Court who denied our appeal.
Believing in the legal system, it was a shock to me to find out that you cannot appeal arbitration ruling and arbitrator can fabricate facts and contract, make false accusations, not use the law, and abuse his powers without fear of accountability in a court of law.
Why have laws if you cannot adhere to them and which are going to be ignored? I believe that I am entitled to have my day in court "ÃÂ which was denied to me.
I am hoping to receive some sort of recourse on how to go about correcting this disgraceful situation.
I hope to hear from you soon.
Sincerely, Gevork Chamich