Judge: Armen Tamzarian, Case: 22STCP03704, Date: 2023-01-17 Tentative Ruling

Case Number: 22STCP03704    Hearing Date: January 17, 2023    Dept: 52

 

 

 

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

 

Ryan E. Stearns, Inc. dba Stearns Kim Stearns & Ryan,

                                   Petitioner

  v.

Larissa Andrade Jenkins,                                                                                           

                                   Respondent.

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Case No. 22STCP03704

 

[TENTATIVE] ORDER CONFIRMING ARBITRATION AWARD

 

Date: January 17, 2023

 

 

 

Petitioner Ryan E. Stearns, Inc., dba Stearns Kim Stearns & Ryan petitions to confirm an arbitration award against respondent Larissa Andrade Jenkins.  “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.”  (CCP § 1286.)   

Petitioner provided adequate proof of service of the petition and notice of this hearing date.  A petition to confirm arbitration and notice of the hearing must be served either as provided in the arbitration agreement (CCP § 1290.4(a)) or in the manner of a summons (§ 1290.4(b)(1)).  The arbitration agreement does not provide for a different manner of service (Petition, Ex. A), so the petition must be served in the manner of a summons.  Petitioner filed proof of service by mail to respondent at an address in Brazil, with a signed return receipt.  (Choe Decl., ¶¶ 1-4, Ex. 1.)  That is adequate proof of service on a person outside this state.  (CCP §§ 415.40, 417.20(a).) 

The petition complies with all requirements under Code of Civil Procedure section 1285.4.  It includes: (a) a copy of the arbitration agreement (Petition, Ex. A); (b) the name of the arbitrator, Hon. Hank M. Goldberg (Ret.) of Signature Resolution, LLC; and (c) a copy of the award (Petition, Ex. B). 

Respondent Jenkins did not file a response to the petition.  “The allegations of a petition are deemed to be admitted by a respondent duly served therewith unless a response is duly served and filed.”  (CCP § 1290.)  Respondent therefore admits the petition’s allegations. 

The court must confirm the award as made (CCP § 1286) and enter judgment in conformity with it (CCP § 1287.4).  The arbitrator awarded petitioner $121,861.93 in damages, bearing the legal rate of interest of 10%, and $3,909.75 as reimbursement for respondent’s share of the arbitration costs.  The total is therefore $125,771.68.

DISPOSITION

The petition to confirm arbitration award is granted. 

The court hereby confirms the final arbitration award in favor of petitioner Ryan E. Stearns, Inc., dba Stearns Kim Stearns & Ryan against respondent Larissa Andrade Jenkins in the amount of $125,771.68.

 

                                                            IT IS SO ORDERED

 

Date:   January 17, 2023

_______________________________________

Armen Tamzarian

JUDGE OF THE SUPERIOR COURT