Judge: Armen Tamzarian, Case: 24STCP01531, Date: 2024-07-11 Tentative Ruling

Case Number: 24STCP01531    Hearing Date: July 11, 2024    Dept: 52

Petitioners 4500 Buck Owens Blvd., LP, Rao Ramanchandrarao Yalamanchili, and Positive Investments, Inc.’s Petition to Confirm Arbitration Award

Petitioners 4500 Buck Owens Blvd., LP, Rao Ramanchandrarao Yalamanchili, and Positive Investments, Inc. petition the court to confirm an arbitration award against respondents Brooklyn’s Barbecue 2, LLC and Vision Housing Venture Fund I LLC. 

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.”

Service of Petition

Petitioner duly served and filed this petition on respondents.  “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).)  If the agreement does not provide for a manner of service, service “shall be made in the manner provided by law for the services of summons in an action.”  (Id., subd. (b)(1).)   

The arbitration agreement does not include a valid provision for service of petitions or other notice.  The agreement including the arbitration provision is a “restaurant kitchen lease agreement” between petitioner 4500 Buck Owens Blvd., LP and Brooklyn’s Barbecue 2 LLC.  (Petition, Ex. A.)  Its provision for notice from lessor to lessee is incomplete.  It states, “Until further written notice to Lessor, all notices from Lessor to Lessee shall be served or sent to Lessee at the following address: TENANT NAME AND ADDRESS.”  (Id., p. 5, ¶ 16.)  Petitioner therefore was required to serve the petition and notice of the hearing on respondents in the manner provided by law for service of summons. 

Petitioners filed adequate proof of service on both respondents in the manner provided by law for service of summons.  They show proper service of the petition on respondent Brooklyn’s Barbecue 2 LLC.  “Summons or other process against a limited liability company may be served by delivering a copy thereof to a manager, member, officer, or person having charge of its assets or, if none of these persons can be found, to any agent upon whom process might be served at the time of dissolution.”  (Corp. Code, § 17707.07(b).) 

Records of the California Secretary of State show Brooklyn’s Barbecue 2 LLC filed a certificate of cancellation on March 1, 2024.  Those records further show, at the time of dissolution, the registered agent for service of process was Craig Troxler at 3535 Tapo St., Simi Valley,  CA 93063.  The arbitration award also indicates he was a 50% member of the LLC.  (Petition, Ex. B, p. 10.) 

Petitioners filed proof of substituted service of the petition on Craig Troxler at the address registered with the Secretary of State and a declaration of subsequent mailing.  Petitioners also filed proof of personal service on Troxler of the notice of hearing on the petition and the proposed order.

Petitioners show proper service of the petition on respondent Vision Housing Venture Fund I LLC.  Under Code of Civil Procedure section 416.30, a summons may be served via notice and acknowledgment of receipt of summons.  Petitioners filed a notice of acknowledgment of receipt of this petition on Judicial Council Form POS-015 signed by a representative of respondent Vision Housing Venture Fund I LLC, dated May 21, 2024. 

Merits of Petition

The petition complies with all requirements under Code of Civil Procedure section 1285.4.  It includes: (a) a copy of the arbitration agreement (Ex. A), (b) the name of the arbitrator, Hon. Gerald Rosenberg (Ret.), and (c) a copy of the award (Ex. B). 

Neither respondent filed 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.)  Respondents therefore admit the petition’s allegations.  The court must confirm the award as made (CCP § 1286) and enter judgment in conformity with it (CCP § 1287.4).

Disposition

Petitioners 4500 Buck Owens Blvd., LP, Rao Ramanchandrarao Yalamanchili, and Positive Investments, Inc.’s petition to confirm arbitration award is granted.  The final award of: (a) $228,355.23 in attorney fees and costs to petitioners 4500 Buck Owens Blvd., LP, Rao Ramanchandrarao Yalamanchili, and Positive Investments, Inc.; and (b) $7,132.79 in damages and $239,413.87 in attorney fees and costs to respondent Vision Housing Venture Fund I LLC, issued by arbitrator Hon. Gerald Rosenberg (Ret.) is hereby confirmed. 

Instead of signing petitioners’ proposed order, the court will require petitioners to submit a proposed judgment stating the amount awarded to each party.  Petitioners 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 August 23, 2024, at 8:30 a.m.