Judge: Andrew E. Cooper, Case: 24CHCP00114, Date: 2024-07-31 Tentative Ruling

Case Number: 24CHCP00114    Hearing Date: July 31, 2024    Dept: F51

PETITION TO CONFIRM ARBITRATION AWARD

Petition Filed: 3/20/24

MOVING PARTY: Petitioner Bill Me Later, Inc. (“Petitioner”)

RESPONDING PARTY: Respondents Elevate Beauty Medspa; and Medik Abramyan (collectively, “Respondents”)

NOTICE: OK

RELIEF REQUESTED: Entry of judgment against Respondents, and an order (1) confirming the arbitration award in favor of Petitioner titled Award of Arbitrator and dated December 1, 2023, and (2) and awarding petitioner interest on the amount of the award at the legal rate from January 1, 2024, and Petitioner’s costs in this proceeding.
 

TENTATIVE RULING: The unopposed petition is granted.

BACKGROUND

This is a collections action in which Petitioner alleges that on 8/10/22, it extended a loan to respondent Elevate Beauty Medspa, guaranteed by respondent Medik Abramyan. Thereafter, Respondents defaulted on the loan and failed to make any outstanding payments. On 10/17/23, the parties conducted an arbitration of the instant claims, pursuant to a written agreement. On 12/1/23, the arbitrator found in favor of petitioner and issued a final arbitration award in the amount of $115,124.72.

On 3/20/24, Petitioner filed the instant petition to confirm the arbitration award. No opposition has been filed to date.

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ANALYSIS

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.” (Code Civ. Proc. § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings.” (Code Civ. Proc. § 1286.) “If an award is confirmed, judgment shall be entered in conformity therewith.” (Code Civ. Proc. § 1287.4.)

Here, the Court notes that the instant petition is unopposed. The Court also notes that Petitioner has filed four separate proofs of service indicating service of the instant petition and accompanying papers on Respondents as follows:

·         4/20/24 substituted service on Medik Abramyan (4/22/24 POS);

·         4/22/24 service on Medik Abramyan by U.S. mail (4/22/24 POS);

·         4/29/24 personal service on Elevate Beauty Medspa (5/3/24 POS); and

·         5/8/24 personal service on Elevate Beauty Medspa (5/10/24 POS).

Based on the foregoing, the Court confirms the arbitration award and enters judgment thereon.

CONCLUSION

The unopposed petition is granted.