Judge Alison Mackenzie, Case Number: 23STCP01368, Date: 2024-01-17 Tentative Ruling

Judge: Alison Mackenzie, Case: 23STCP01368, Date: 2024-01-17 Tentative Ruling

Case Number: 23STCP01368 Hearing Date: February 13, 2024 Dept: 55

NATURE OF PROCEEDINGS: Motion of Plaintiff to Confirm Arbitration Award and to Enter Judgment in Conformity Therewith.

The unopposed motion is granted.

The Court finds that a notice of continuance was filed on 1/17/24.

The Court confirms the award as made.

On 4/27/23, MEXFUSION FZ, LLC (“Petitioner”) filed a Petition to Confirm Arbitration against KEVURU GAMES, LTD (“Respondent”). On 5/30/23, Petitioner filed a motion requesting the Court to confirm an arbitration award as a judgment. The motion has been continued twice and Petitioner gave notice to Respondent of the current hearing date.

Grounds for the motion now before the Court include (1) the award follows a contested AAA arbitration between the parties regarding Respondent’s breach of a “Game Productions Services Agreement” due to failing to provide video game producing services, (2) the 1/6/23 AAA arbitration award is in the amount of $793,644.00 (which includes attorney’s fees, costs, and interest) against Respondent (Decl. Litwak, ¶7, Ex. 4), and (3) Respondent did nothing to seek vacatur or correction of the award within the deadline.

Unless a petition or response seeking to correct or vacate an arbitration award was filed properly based upon valid grounds, or the proceeding is dismissed, courts are required to enter judgment in conformity with the award. Valsan Partners Ltd. Partnership v. Calcor Space Facility (1994) 25 Cal.App.4^th 809, 818. A court’s judgment may not go beyond the boundaries of an arbitration award, but instead the judgment must be inconformity with the award. Ibid. at 819. “‘[T]he court shall confirm the award as made …, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.’” Law Offices of David S. Karton v. Segreto (2009) 176 Cal.App.4th 1, 8.

Petitioner attached a copy of the arbitration award to the motion, which reflects that the final arbitration award is $793,644.00 in favor of Petitioner. (Decl. Litwak, Ex. 4.) Respondent did not seek to vacate or modify the award. Therefore, the motion is granted.