Department 58

Hearing Date: February 15, 2023

Case Name: Fernando Flores v. Great Supplies & Services, Inc. dba Ayla Motors et al.

Case No.: 20STCV21895

Matter: Petition to Confirm Arbitration Award

Moving Party: Plaintiff Fernando Flores

Responding Party: Unopposed

Tentative Ruling: The Petition is granted.

This was a case under the Song-Beverly Act in which Plaintiff Fernando Flores alleged defects in a 2016 Ford Mustang. On January 20, 2021, this Court granted Defendant Great Supplies & Services, Inc. dba Ayla Motors’ motion to compel arbitration.

The arbitrator found in favor of Plaintiff, rescinding the Retail Installment Sale Contract and awarding:

1. A refund of the Vehicle in the amount of $23,192.95;

2. Attorneys’ fees in the amount of $88,065.50;

3. Costs and expenses in the amount of $13,713.34; and

4. Pre-judgment interest in the amount of $16,819.80

Plaintiff filed a Petition to Confirm Arbitration Award. No opposition was filed.

Timeliness

No petition may be served and filed until at least 10 days after service of the signed copy of the award upon petitioner. (Code Civ. Proc., § 1288.4.)

The proof of service indicates that all parties were served with the arbitration award on December 23, 2022. This petition was filed on January 26, 2023 and is therefore timely.

Compliance under Code of Civil Procedure section 1285.4

Petitioner seeks to confirm an arbitration award issued by the Honorable Gerald Rosenberg of ADR Services, Inc.

The Petition complies with Code Civil Procedure section 1285.4. Petitioner attaches a copy of the agreement to arbitrate in Paragraph 4(b) of Form ADR-106 Petition to Confirm Contractual Arbitration Award. (Code Civ. Proc. § 1285.4, subd. (a).) The arbitration provision is located on the last page of the contract.

The other requirements under Code of Civil Procedure section 1285.4 are met. The award provides the name of the arbitrator, Gerald Rosenberg, and a copy of the award and opinion is attached. (§ 1285.4, subds. (b)-(c).) Therefore, the petition is granted.

The Court further awards $480 in additional attorney’s fees and $61.65 in costs for this petition.