BLACK MESA v. ANAND

── BLACK MESA v. ANAND ── Court: Court of Appeals of Arizona Date: May 15, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE BLACK MESA INVESTMENT SERVICES, LLLP, et al., Plaintiffs/Appellees, v. KISHLAY ANAND, et al, Defendants/Appellants. No. 1 CA-CV 25-0377 FILED 05-15-2026 Appeal from the Superior Court in Maricopa County No. CV2024-022022 The Honorable Melissa Iyer Julian, Judge AFFIRMED COUNSEL Cohen Dowd Quigley PC, Phoenix By Daniel P. Quigley, J. Neal Stuart, and Drew G. Wegner Counsel for Plaintiffs/Appellees Silver Cain, Phoenix By Leon B. Silver and Rebecca N. Cain Counsel for Defendants/Appellants Wolff Law PLLC, Phoenix By Jordan C. Wolff Counsel for Defendant/Appellant Preeti Singh  BLACK MESA, et al. v. ANAND, et al. Decision of the Court MEMORANDUM DECISION Presiding Judge Andrew M. Jacobs delivered the decision of the Court, in which Judge Brian Y. Furuya and Judge James B. Morse Jr. joined. J A C O B S, Judge: ¶1 Dr. Kishlay Anand, his wife Preeti Singh, and Daan Investment Services, LLLP ask us to reverse a superior court ruling declining to vacate an arbitration award against them. This is a tall order, because A.R.S. § 12-3023 sets a high bar to overturn such an award. They argue an arbitrator prejudiced them by excluding certain evidence from the arbitration proceedings. Because the superior court correctly applied A.R.S. § 12-3023 and did not abuse its discretion in declining to vacate the arbitrator’s award based on their claims of prejudice, we affirm. FACTS AND PROCEDURAL HISTORY A. The Doctors and Their Entities ¶2 Drs. Anand, Andy Tran, Stephen Smith, and Nirav Mehta (“the Doctors”) invested together over many years. Dr. Anand led or participated in many of the Doctors’ ventures through Daan, of which he and his wife were the sole members. Drs. Mehta, Smith, and Tran also did business through entities they controlled: Dr. Mehta through Black Mesa Investment Services, LLLP (“Black Mesa”), Dr. Smith through Cornerstone Investment Services, LLLP (“Cornerstone”), and Dr. Tran through ETT October Investment Services, LLLP (“ETT”). ¶3 There were two entities in which the Doctors were co- venturers, but over which Dr. Anand exercised operational control. The first was National Cardiovascular Management, LLC (“NCM”) a business that “develops, staffs, and manages medical facilities.” The Doctors were all directly or indirectly members of NCM, but Dr. Anand controlled NCM as its Chair. The second was West Valley Real Estate Investors, LLC (“West Valley”), a real estate venture the Doctors formed in 2017. Dr. Anand “was at all relevant times the manager and sole decision maker for West Valley in his capacity as manager of NCM,” which was West Valley’s manager. ¶4 The Doctors were also members and managers of National Cardiovascular Associates, LLC (“NCA”) a physician group. Dr. Anand controlled NCA as the Chair of its board of managers. 2  BLACK MESA, et al. v. ANAND, et al. Decision of the Court ¶5 Dr. Anand also controlled an affiliated group of medical businesses in which the other Doctors had no interest: CareMap Holdings, LLC, doing business as Apricus Health (“CareMap/Apricus”), and its subsidiary Desert Mirage Surgery Center, LLC (“Desert Mirage”). B. The Doctors Discover Diversions of Funds by Dr. Anand. ¶6 In F