Judge: Armen Tamzarian, Case: 23STCP04474, Date: 2024-02-20 Tentative Ruling

Case Number: 23STCP04474    Hearing Date: March 22, 2024    Dept: 52

Petitioner Greatbuildz, Inc.’s Petition to Confirm Arbitration Award

Petitioner Greatbuildz, Inc. petitions the court to confirm an arbitration award against respondent Robert Barron dba All In One Construction.  Code of Civil Procedure section 1286 provides, “If a petition or response under” the California Arbitration Act “is duly served and filed, the 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 proceedings.”

Petitioner duly served and filed this petition.  It provided adequate proof of service of this petition.  “A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.”  (CCP § 1290.4(a).)  Petitioner filed proof it personally served the petition and notice of hearing on respondent Robert Barron dba All In One Construction on February 27, 2024. 

The petition complies with all requirements under Code of Civil Procedure section 1285.4.  It includes: (a) a copy of the arbitration agreement (Petition, attachment 4.b), (b) the name of the arbitrator, John K. Hart, Esq.; and (c) a copy of the award (Petition, attachment 8.c)). 

Respondent Robert Barron dba All In One Construction 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).

Petitioner Greatbuildz, Inc.’s petition to confirm arbitration award is granted.  The final award of $48,575.99 in damages and $3,175 in costs issued by arbitrator John K. Hart is hereby confirmed. 

Petitioner Greatbuildz, Inc. shall submit a proposed judgment for the court’s signature forthwith.  The court hereby sets an order to show cause re: entry of judgment for April 5, 2024, at 8:30 a.m.