Judge Alison Mackenzie, Case Number: 23STCP02493, Date: 2023-11-30 Tentative Ruling

Judge: Alison Mackenzie, Case: 23STCP02493, Date: 2023-11-30 Tentative Ruling

Case Number: 23STCP02493 Hearing Date: November 30, 2023 Dept: 55

NATURE OF PROCEEDINGS: Petitioners’ Motion to Confirm Arbitration Award.

The unopposed motion is granted.

The Court will sign and file a proposed judgment in conformance with the arbitration award.

On 7/18/23, petitioners JTH Hallmark LLC and KLS Hallmark LLC (“petitioners”) filed a petition to confirm an arbitration award.

Petitioners move to confirm an Arbitration Award in favor of Petitioners and against Respondents Hallmark 75 Ontario, LLC; R&R Enterprises II, LLC; and Hall 75 Apt Venture, LLC. in the calculated total amount of $354,565.94. No opposition has been filed to the motion.

According to the moving documents, on 6/30/23, Arbitrator Terry Friedman, Ret., issued an Arbitrator's Final Award (Jason Hoffman Decl., filed 9/20/23, ex. 1). Petitioners seek the amount of that award, plus fees and costs related to the filing in the amount of $4,475.00, pursuant to a Purchase and Sale Agreement containing a clause permitting the recovery of attorneys fees (Amin Decl., exh. 1).

“[W]here parties have agreed their dispute will be resolved by binding arbitration, judicial intervention is limited to reviewing the award to see if statutory grounds for vacating or correcting the award exist.” Corona v. Amherst (2003) 107 Cal. App. 4th 701, 706. 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. “‘[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

Additionally, a court may award attorneys' fees, and costs, incurred in relation to statutorily authorized judicial proceedings regarding arbitration, and the arbitrator makes the determination in connection with the arbitration proceedings. Corona v. Amherst (2003) 107 Cal.App.4^th 701, 707; DiMarco v. Chaney (1995) 31 Cal.App.4th 1809, 1816-17; Carole Ring & Assocs. v. Nicastro (2001) 87 Cal.App.4^th 253, 260-62; Ajida Technologies, Inc. v. Roos Instruments, Inc. (2001) 87 Cal. App 4^th 534, 552 n. 11.

Here, the moving documents sufficiently evidence the arbitration award and underlying contract, and no response has been filed. Therefore, the Court grants the motion and confirms the award as made.